A farmer convicted of careless driving following the death of an elderly German Tourist in Bunratty has avoided a custodial sentence.
57 year old John Boyce, from Moyhill, Cratloe was found Not Guilty of dangerous driving causing the death of 76 year old Inge Schmidt two years ago, but was given a fine of 1,250 euro today on the lesser charge of careless driving.
At Ennis Circuit Court today, Judge Gerald Keyes noted aggravating factors in the crime including the condition of John Boyce’s 1980 Massey fergusson tractor in that it had no wipers on what was a rainy day in Bunratty – Octboer 29th – 2010
He also noted that the deceased German victim was on a well signed pedestrian crossing and Mr Boyce did not see Inge Schmidt at all.
In mitigation though, Judge Keyes said speed or drink were not factors in the case and heard that Mr Boyce- is "a hard working family man – has no previous convictions and has shown deep remorse."
He ruled that a custodial sentence was not justified as he imposed a fine of 1,250 euro and though he said he would normally impose a driving ban to reflect the seriousness of Mr Boyce’s inattentive driving, he considered evidence that the Cratloe farmers lands are fragmented – and said that banning him from driving would be akin to taking the tools from a carpenter away from him.
Ordering Mr Boyce not to drive the Massey Fergusson until all of its faults are corrected Judge keys was told that the tractor will be disposed of
