A HGV driver has been sentenced to community service over the death of an elderly woman in a road crash in Co Tyrone.
William Alexander (50), from Glenside, Comber, Co Down, pleaded guilty to causing the death of Patricia Kearney and seriously injuring her husband Tony by careless driving in April 2015.
He was originally charged with dangerous driving but following review this was downgraded.
The crash happened just before the A4 dual carriageway meets the M1 eastbound near Dungannon when Alexander crashed into the victims’ stationary car, which was sent spinning across the carriageway and through barriers.
Mrs Kearney, a mother-of-five, had been in the driver's seat and died at the scene.
Her husband was badly injured and his family were initially warned he would not survive. He recovered but continues to require treatment.
They had travelled from their Newtownabbey home to visit friends with Mr Kearney driving.
Mrs Kearney decided to take over driving and the couple pulled in, leaving their vehicle half on and half off the carriageway.
Alexander was travelling to Belfast and saw the stationary car. He began to move lane but traffic prevented this, and accepted not braking in time.
A witness described seeing the victims’ car stopped with the driver door left open as the couple changed seats, and recalled telling his passenger: “Look how dangerous that is.”
Another witness described the car as “half in my lane. I really couldn’t believe it.”
Judge Neil Rafferty said: “One can see why the prosecution decided to proceed with careless driving as opposed to dangerous.
"This was a tragic, tragic accident. The clear explanation given by the defendant was accepted by the prosecution.
"He candidly said: ‘In the six seconds I failed initially to accept the car was stopped and I failed to brake in time. I was left with a situation I could not deal with.’
"That six seconds changed the lives of all involved. No-one walks away from these cases as winners. They are cases of unmitigated tragedy.”
The judge said he was very familiar with the stretch of road and having first taken up post in Dungannon Crown Court in 2016, has now dealt with three separate cases involving deaths.
“There are varying speed limits as the carriageway approaches merge into the motorway. There are numerous side roads coming on, motorway drivers exiting at motorway speed and others joining at junctions anticipating motorway speeds.”
Reading from a victim impact statement, Judge Rafferty said the family welcomed the guilty pleas which brought “significant comfort”.
He added: “The defendant suffers flashbacks and a day does not go by when he does not recall events. Frankly I believe him.”
Taking into account all mitigating factors including Alexander’s full co-operation at all times, his guilty plea and the reduction in charge from dangerous to careless driving, Judge Rafferty decided against custody.
He instead imposed a sentence of 200 hours' community service and disqualified him from driving for two years.
Judge Rafferty also commended the Kearneys' son for demonstrating “Absolute humanity... within the immense tragedy which befell a loving family.”
