Father Of Tullamore Student Gives Emotional Victim Impact Statement In Court

The family of a young student killed by a motorist who drove through red lights at a pedestrian crossing have claimed his apology and guilty plea to a charge of dangerous driving 27 months after the accident were “too little, too late.”

Jordan Murphy (19), a 2nd year business student at the Athlone Institute of Technology died after being hit by a Ford Transit van driven by garage owner, John O’Shea, at Bonavalley, Athlone, Co Westmeath on the morning of September 11, 2018.

O’Shea (66), of Ballyduff, Ballinahown, Athlone entered a guilty plea on a charge of dangerous driving causing death on Tuesday – the day before he was scheduled to face a jury trial in relation to the death of the Tullamore student.

At a sitting of the court on Friday, it emerged an earlier offer by O’Shea to plead guilty to the lesser charge of careless driving causing death had not been accepted by the DPP.

In a victim impact statement, the dead student’s father, Alan Murphy described how he had prayed how “our beautiful caring boy” had only suffered “a few broken bones” on learning his son had been involved in an accident.

“It is the day our lives changed forever,” said Mr Murphy.

On being informed by medical staff at the Midland Regional Hospital in Tullamore about his serious condition, Mr Murphy said: “Our hearts had started to shatter. The cries from our family were deafening. Despair and disbelief filled the room.”

He added: “It was so heart-wrenching to see my son’s life slowly slipping away. I could not breathe. I felt I was the one who was going to die.”

Mr Murphy recalled that his son’s head injuries were so severe that he could not be transferred to Beaumont Hospital in Dublin.

He fought back tears as he recounted holding Jordan’s head in his hands as his son passed away.

“Our worst nightmare had become a reality,” said Mr Murphy.

He said Jordan’s two younger brothers and sister had cried their eyes out at the death of their older brother and were still feeling his loss.

He described his late son as passionate about music and Liverpool football club as well as how his family would never get to see “the great teacher he would have become”.

“His beautiful infectious smile is gone forever” said Mr Murphy pointing out that Jordan would have been celebrating his 21st birthday and graduation this year had he lived.

He remarked; “The effect of his needless death will be felt forever and shows no sign of leaving.”

Jordan’s mother, Siobhan said the legal process and lack of remorse shown by O’Shea had added to their anxiety while his apology and guilty plea were “too little too late after 27 months”.

She recounted how her daughter Rebecca was only two years old at the time and had no memory of her brother “only photos and videos”, while a new baby sister was due to be born very soon.

Ms Arnold said she was devastated by her son’s death and was off work for six months, while his girlfriend, Aoife, had the devastation of coming upon the scene of the accident.

The court heard the family had raised over €12,000 in the past two years in Jordan’s memory for a counselling service in Tullamore.

In a letter read out to the court, O’Shea expressed his sorrow for the events of what he described as “the darkest day of my life”.

“In one split second all of our lives changed forever due to my actions,” said O’Shea.

He added: “I wish it had been me that died and not Jordan. It is something I have to live with and will carry for the rest of my life.”

O’Shea said he could understand their pain as he had lost his own mother in a fatal road accident and he prayed for Jordan and his family every day.

He said he was deeply sorry from the bottom of his heart, although he acknowledged it would provide little consolation.

Counsel for O’Shea, Kenneth Fogarty SC, described the incident as “an inadvertent momentary lapse of paying attention.”

Addressing Jordan’s family, Mr Fogarty said he realised any late apology issued by his client would seem contrived and self-serving.

Garda Eoghan O’Connor, a forensic collision investigator, estimated that O’Shea was driving between 50 and 62km/h at the point of impact.

He said it was faster than the 50km/h speed limit for the area but was “not excessive”.

The weather at the time was bright and sunny and road conditions were dry.

Garda O’Connor said drivers coming from the same direction as the accused would have clear sight of the pedestrian crossing for 220 metres.

The court heard Mr Murphy’s body ended up on the ground 22 metres from the pedestrian crossing as a result of the impact.

Several family members of the victim left the courtroom when CCTV footage of the collision was shown.

Another garda witness, Seán Boland, said a truck driver who had witnessed the incident said Mr Murphy had been sent “flying in the air” by the collision.

Garda Boland said the truck driver confirmed that O’Shea had driven through a red light, contrary to the accused’s claim that the lights were green.

O’Shea told gardaí he had seen the student standing near the pedestrian crossing where he seemed to be wearing earphones and looking at a mobile phone.

However, Garda Boland said no evidence was found of earphones at the scene.

He said the windscreen of O’Shea’s van had been smashed in the collision and the front bumper was broken.

Judge Keenan Johnson also became emotional as he said such cases were the hardest type to deal with.

“We all have children. No one can imagine your hurt. It’s a classic case of bad things happening to good people,” the judge said.

Expressing sympathy to Jordan’s family, he said it was clear that he was “a very much loved man with huge potential”

He adjourned sentencing in the case until December 11.

O’Shea, who had two previous convictions including one for drink driving, was remanded on continuing bail.Court