Motorist who left scene a short time after collision in which a pedestrian died in Ballymena is sentenced
A motorist who left the scene a short time after her car was involved in a collision with a pedestrian who died in Ballymena, was sentenced at the town's Magistrates Court on Thursday.
The deceased was Mr John Corr (57), from Ballymena.
Zoe Wallace (25), of Grange Drive in Ballymoney, pleaded guilty to the two charges she faced in relation to the collision at Cushendall Road on August 28, 2022 - failing to remain at the scene of the accident and failing to report the accident to police.
A prosecutor said a number of other charges were considered by the Public Prosecution Service but "it was felt the evidential test was not met for the other charges".
At 10.19pm on August 28 it was reported to police a pedestrian had been knocked down. The prosecutor added: "The pedestrian was sadly pronounced deceased at the scene. He was believed to have been on the road and under the influence at the time."
The court heard a "forensic report" said the driver "may not have been able to see the pedestrian, given the lighting conditions at the time and the clothing worn. There was damage to the front passenger side and to the bonnet and windscreen".
The defendant was accompanied by a male in her vehicle and they had left in a BMW "prior to police arrival".
The prosecutor said that on the day after the collision the defendant's mother contacted police to say she believed her daughter had been involved in a fatal road traffic collision the previous night.
Different Location
The prosecutor said the defendant was arrested "and the vehicle belonging to the defendant was located at a different location, a business yard. Police observed damage".
When interviewed the defendant admitted she had been driving and being involved in the collision but, the prosecutor said, "she was unable to tell police what had happened at the time of the collision or what had led to the collision stating that she was in such an emotional state that she couldn't remember".
The defendant told police she had picked up a passenger at the Jet Centre in Coleraine and had gone to Ballymena and ate a kebab outside a shop in the town.
The prosecutor told the court the defendant told police she was later driving at Cushendall Road and "heard a bang and pulled the car into the Braid Valley Hospital and saw the body of a man on the road. She said that he was still breathing when she saw him. She said she could not recall what she was doing just before the accident.
"She said she thought the man must have stepped out in front of the car and he 'appeared out of nowhere'. She said other people had stopped and she spoke to a female and told her that she had hit him with the car. She then 'panicked' and left not knowing what to do".
The prosecutor said the defendant told police she had been drinking the previous night until around 3am. The prosecutor added: "And then she answered no comment in relation to any illegal drugs."
The prosecutor said that in a second interview the defendant said she remembered her vehicle was "low on fuel" and she had driven on a "red fuel light for a long time and she said that was why she parked the car at the yard as she knew her car would not make it much further without fuel".
Third Interview
In a third interview the defendant said her passenger had "given her something to calm her down as she states she was crying and screaming the whole way from the accident to where she parked the car".
The prosecutor said the defendant said she had not asked her mum to phone police but that her mother had heard about the accident on the news and contacted police "on the advice of a solicitor".
The prosecutor said the defendant was asked if she had been "trying to hide" her car but she said she had parked it up as it was running out of diesel.
A defence barrister said the defendant "is keen for the court to be aware that she did stop at the time. It was with other people around at the scene. She did leave but just to make that clear that it wasn't that she left straight away".
He said he believed she had remained for "around ten minutes" and added: "She wasn't aware there had been a fatality, otherwise, I am instructed, she would have stayed and she would like me to extend her heartfelt apologies to the deceased's family."
The court heard she did not face any charges regarding the "nature of her driving".
The barrister said the defendant is now a much different person but at the time of the offences a man in the car was in breach of his bail. He said he "passed away by suicide two weeks later".
The lawyer said she panicked and the man she was with "had encouraged her to leave" but "looking back it was a very foolish thing to do and she will have to live with that for the rest of her life in terms of the guilt and shame of that decision. She was in a state of shock".
The barrister said the defendant has a "stable lifestyle" now and is "completely abstinent from drugs" and is getting counselling. She is due to attend university in September.
District Judge Nigel Broderick said the defendant "left the scene of a man dying on the road". He said she had a number of driving convictions on her record.
The judge said the current offences before the court were "very serious". He said Mr Corr lost his life "as a result of being hit" by the car but told the defendant "I do appreciate you don't face any charges in relation to the manner of your driving".
The judge said it had been a "very tragic set of circumstances".
At the time of the incident she had no previous convictions. At the time she had previously committed an offence of being in charge of a vehicle whilst unfit but she was not dealt with in court for that until February 2023.
Therefore, he said, he had to sentence her on the basis that at the time of the Cushendall Road incident she had a completely clear record.
What happened since August 2022 did the defendant "no credit," said the judge, because she had appeared in court on a number of occasions "for serious driving matters".
He said a pre-sentence report said that was due to "poor life choices and involving yourself in a number of things such as substance misuse".
He added: "It would appear you have addressed those conditions and you now are receiving counselling and there are no other offences pending."
The judge said he had to take into consideration the defendant having the case "hanging over your head" for almost three years.
He said the delay could be explained by the "very thorough and lengthy investigation" conducted by police and prosecution given there had been a fatality.
He said the guilty pleas; the passage of time; and the "fact that the manner of your driving does not form part of the charges" had to be considered.
"But it is still a very serious offence to leave the scene of any accident especially if someone is injured and especially, as matters transpired, that they sadly lost their life."
As a "direct alternative" to jail and "on balance and not without some hesitation" he was imposing an Enhanced Combination Order for 18 months including 100 hours Community Service.
The defendant was also banned from driving for nine months. He said he "tempered" the ban to reflect a number of factors "but primarily the fact that it is approaching three years since the incident and the case law enjoins the court not to remove any prospect of rehabilitation".