A 67-year-old American-Irish man has been remanded on bail on a charge of dangerous driving causing death.
This follows a crash in the Cullen Castle area of Tramore last Wednesday at 7.35pm.
55-year-old Michael O’Sullivan died in the early hours of Friday, July 11th following injuries sustained during the collision.
John Fitzgibbon, with an address in New York City, was charged in Tramore Garda Station by Garda Emma Comerford with dangerous driving causing death.
Special Court Sitting
At a special sitting of Waterford District Court this evening, July 11th, evidence from arresting Gardaí was heard.
The deceased had been returning home on his motorcycle from the Tramore direction towards Cullen Castle via Monvoy.
The accused was driving in the opposite direction towards Tramore in a Volvo jeep.
Following a technical examination of the road, it was determined that the jeep had veered into the other lane and struck the motorcycle.
Road conditions were described as good, with a clear line of sight.
Defense
However, defending solicitor Hilary Delahunty proposed that the sun was low in the sky and may have impacted visibility.
He described the crash as a ‘terrible mistake’ noting the absence of alcohol or drugs in this case.
Mr. Delahunty described his client as ‘an upstanding member of his community’ in New York.
Character references in the form of emailed letters were provided from well-respected members of the New York community.
These included Justice Robert Nicholson.
The accused, now aged 67 is very involved in various judicial boards, the Rotary Club, the YMCA, and many other organisations.
Mr. Delahunty referred to the motorcycle driven by the deceased as a ‘Suzuki,’ ‘high performance bike.’
‘Model Father’
Judge Cheatle allowed the family of the deceased to speak in court, from where they sat altogether in the public gallery.
Claire, the sister of Michael O’Sullivan, addressed the court.
She said: ‘I’m advocating for someone who died this morning. He doesn’t have a voice here or someone to represent him, I’m advocating for him.’
He was, she said ‘a model father’ who was ‘very unassuming.’
She added: ‘He loved his kids, they were his life.’
‘What was painted here as a person with a sports-bike is a grandad with grandkids.’
Bail
Inspector Niall Daly from Waterford Garda Station advised that the DPP had given directions.
They advised for the case to proceed to the Circuit Criminal Court on indictment.
Judge John Cheatle set bail at €10,000 cash to be presented to the court next Tuesday, July 15th.
Furthermore, two independent sureties of €5,000 each was to be transferred to the court by two Tramore based family members of the accused.
Bail was granted on the guarantee that both his Irish passport and his American passport be handed into the court.
The accused must sign in twice a week at Tramore Garda Station, and he is not permitted to drive a vehicle in the interim.
By order of the court, he is to reside with his cousin in the Westown area of Tramore until the conclusion of the court proceedings.
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