Northern Ireland

Co Tyrone driver jailed for 'leaving the scene' where man died on the road

A DRIVER from Co Tyrone who struck a pedestrian lying on the road, has been jailed for four months and banned from driving for two years.

Although it was established he did not cause the death of 44-year-old Stephen Conlon, the defendant was prosecuted for leaving the scene.

Tony Peter Kelly (38) of Corrainey Park, Dungannon, admitted possessing cocaine as well as failing to stop and remain at the scene of an accident and report it to police.

There was dispute over the facts of the case but a coroner previously established Kelly’s driving did not cause death, although his failure to remain at the scene meant a second car also struck the victim.

The court heard Kelly was driving through Dungannon around 4am on 23 January 2016, when he struck Mr Conlon who was lying in the middle of the road.

Tests later showed the victim had a very high alcohol reading and it was unclear if he collapsed after being injured or sustained injury having fallen on the road.

Despite feeling a bump, Kelly drove on. A second car approached and also struck the victim who was pronounced dead at the scene.

Kelly stayed at a friend's and the following morning told him he may have hit a man and went to police in Dungannon.

In a statement he said he was “distraught and deeply saddened" by what happened.

He accepted taking cocaine and while driving, saw the body on the road, which he attempted to avoid, but failed and in a panic did not stop.

A lawyer for Kelly said his client "has a history of drug addiction and has tackled it thoroughly" and since events of January 2016 had given up driving.

Judge Magill, sitting at Dungannon Magistrates Court, told Kelly that he had passed the threshold for a custodial sentence.