A judge has said a Tyrone man “must live with the consequences and memories” of a tragic traffic collision which killed his father.
His Honour Judge Stephen Fowler QC made the comment at Dungannon Crown Court as he sentenced Paul Alexander Brady (47) of Minterburn Road for driving whilst disqualified and without insurance.
He had always admitted these offences but denied having any role in causing his father Phelim’s death.
Mr Brady Snr had been standing on the draw-bar between a tractor and trailer driven by his son on 25 June 2014. As they emerged from a junction onto the A4 Dual Carriageway, Dungannon the tractor and trailer were “slammed” from behind by a lorry.
Mr Brady Snr landed on the road and died instantly. He was 69.
The lorry was driven by William Mark Murphy (53) of Prospect Road, Castlewellan who later stood trial for causing death by dangerous driving but was convicted of the lesser charge of death by careless driving. He was given a sentence of four months suspended for three years and disqualified from driving for three years.
Mr Brady was also thrown from the tractor cabin during the collision and sustained serious injuries. He would later be charged with causing his father’s death by dangerous driving and stand trial along with Mr Murphy.
Mr Brady stood trial twice, as the prosecution argued by driving his father whilst under a disqualification he was a contributing factor in the fatality.
Last week a jury at retrial unanimously cleared Mr Brady of any responsibility. But the case was adjourned as sentencing still had to be passed on the admitted matters.
Defence counsel said; “The court is fully aware of the circumstances of this case, which can only be described as a tragedy for the entire family. It is hoped sentencing will bring closure and my client can now fully mourn the loss of his father. These matters have weighed heavily upon him.”
He advised Mr Brady is reluctant to drive and to date has chosen not to.
Urging the court to show leniency, the defence said, “This is not a case of the classic boy racer. Instead Mr Brady drove at the behest of his father which he now sorely regrets for many reasons. Notwithstanding the extreme circumstances, this has been a very, very chastening experience. I ask the court to afford benevolence given the overall tragedy.”
Judge Fowler highlighted driving whilst disqualified is a serious matter but acknowledged the very tragic nature of the case.
He said, “It is clear the defendant’s father prevailed upon him to drive and put a degree of pressure on him to take the cattle to market. Unfortunately, Mr Brady gave in and drove, with the tragic consequences. There was nothing at all in his driving which caused his father’s death.”
Imposing a sentence of one month custody suspended for 12 months, Judge Fowler concluded, “Mr Brady has to live with the terrible consequences and memories of that day.”
A driving disqualification of 12 months was also handed down.
