This article is from page 13 of the 2012-10-09 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 13 JPG
A FARMER has been acquitted of dangerous driving causing death of a German tourist near Bunratty Castle.
However John Boyce (57) with an address at Moyhill, Cratloe, was found guilty by a jury of careless driving.
The three-day trial at Ennis Circuit Court last week heard Mr Boyce was driving a tractor at the time of the crash, which killed Inge Schmidt (76) at Low Road, Bunratty, on October 29, 2010.
Ms Schmidt was walking across a zebra crossing when she came into contact with the tractor. She died in hospital later as a result of her injuries.
In his closing speech, Counsel for the State, Stephen Coughlan BL, told the jury that two eyewitnesses had seen Ms Schmidt on the crossing.
He said there was consistent evidence that it had been raining on the day of the accident.
Mr Coughlan said, “The fact that there was someone on the pedestrian crossing required the motorist to stop.”
He said that there was evidence that Mr Boyce did not stop at the point of impact.
Mr Coughlan said, “Speed is not an issue. There is no suggestion that the speed Mr Boyce was traveling contributed to the accident.”
The court heard that it had been impossible for gardai to determine the point of impact.
Mr Coughlan said Mr Boyce should have approached the junction with more care. He described Bunratty Folk Park as a very busy area.
Defence Counsel, Lorcan Connlly, told the court that this was a “very different case from most dangerous driving cases”.
He said alcohol and speed were not factors in the case.
Mr Connolly said Mr Boyce had told people at the scene of the acci- dent and gardaí that he had not seen Ms Schmidt.
He said this was not a case where Mr Boyce had attempted to “pull a rabbit” out of the hat on the day of the court case.
He added, “Mr Boyce has been consistent throughout. He did not see the woman.”
The court heard that no certificate of roadworthiness is required for tractors.
Mr Connolly said, “I am inviting you to find that he (Mr Boyce) is not criminally responsible for what happened on the day.”
Mr Connolly told the jury that Mr Boyce will have to “carry the cross” for what happened on that day for the rest of his life.
After seeking clarification from Judge Gerard Keyes, the jury found Mr Boyce not guilty of dangerous driving but guilty of careless driving.
Setencing was adjourned until Tuesday.