A FORMER Kerry footballer involved in a head-on collision with a car driven by a Limerick man has recalled in court being in Croke Park watching close friends lift the Sam Maguire Cup while he “sat crippled, crying in the stands” and thinking to himself “what could have been”.
Seán O’Leary, who has won an All-Ireland minor medal, suffered “incalculable” physical injuries to his legs, fracture to his sternum and suffers from PTSD. The then 22-year-old UL student described seeing the white bone of his right femur sticking out through his Kerry GAA tracksuit pants.
“I pushed my hand down to touch the bone as I was hoping that I was being delusional. I wrapped my hand around it and once I realised it was my bone I felt like giving up,” said Mr O’Leary in his victim impact statement. He lost an inch in height, as, following surgeries, one leg was shorter than the other. An inch of bone had to be taken from his other leg.
Michael Harty, aged 22, of Lisheen Park, Patrickswell had pleaded not guilty last month to dangerous driving causing bodily harm at Kilconlea, Abbeyfeale on July 10, 2021.
He was found guilty by a jury in one hour and 27 minutes.
Mr Harty, who has a previous conviction for driving at 168kms in a 100km zone at Monearla, Adare, was before Judge Sinead McMullen in Limerick Circuit Court for sentencing last week.
Prosecuting barrister Lily Buckley, instructed by State solicitor Brendan Gill, outlined the evidence with the assistance of Garda Peter Sheeran.
Ms Buckley said Mr O’Leary and his girlfriend Emma O’Connor were returning home from a Munster championship match between Kerry and Tipperary in Thurles. Ms O’Connor was driving a Peugeot car and Mr O’Leary was in the passenger seat.
Ms Buckley said at around 11pm they were driving on a wide bend, approximately 300 metres from the Kerry border.
“An Audi travelling in the opposite direction pulled out to overtake a vehicle, veered onto the wrong side of the road and was heading straight for them (Peugeot). Ms O’Connor pulled into the hard shoulder. She swerved to the right just before the crash. At all times she remained on her own side of the road,” said Ms Buckley.
Emergency services attended at the “scene of carnage” and Mr O’Leary was rushed to hospital where he required eight units of blood.
“He was in a wheelchair for four months, had to learn to walk again after four surgeries. He suffered two broken legs, two compound fractures, fracture to his sternum.
“When he commenced walking unfortunately the breaks in his leg had mended in such a way that one leg was shorter than the other which required a further surgery to try and even that which resulted in an inch of bone taken out of the longer leg. This resulted in a further period of recuperation and he lost an inch of his height,” said Ms Buckley.
Ms O’Connor damaged her left cruciate in the collision.
Ms Buckley said Mr O’Leary, who had hoped to be involved in the Munster final two weeks later, is unlikely to be able to return to the level of fitness and ability to engage in sporting activities that he had prior to the crash.
The prosecuting barrister said prior to the collision the victim had hopes he might play for Kerry seniors in the Munster final but he attended in a wheelchair.
Ms Buckley read out Mr O’Leary’s victim impact statement.
Garda Sheeran told the court that Mr Harty has four previous connections, three in relation to his movements during Covid and one for careless driving at Monearla, Adare.
Mr Harty was represented by Brian McInerney SC, appearing with Amy Nix BL. Mr McInerney handed in letters from a Fr Cussen who knows the accused and his family, and a Mark Heffernan, chairperson of Carew FC. Mr McInerney said his client is involved in outreach coaching with the Traveller community and is held in high regard in the club.
The senior counsel read out a handwritten letter to Emma and Sean by Mr Harty. He wrote that he did so with deep regret and a heavy heart.
“I want to take full responsibility for my actions and sincerely apologise for the pain, suffering and distress that you have both endured as a result. I deeply regret and can only imagine the emotional and physical toll this has had on you. This was never my intention and I am truly sorry for the pain you had to experience.
“I understand that words cannot undo the suffering this accident caused. Once again I am deeply sorry for the hurt my actions have caused. I hope in time the pain will lessen and you can find peace,” read out Mr McInerney.
In mitigation, counsel said Mr Harty has apologised, is a young man, there was no element of speed as it could not be calculated, no defects in his vehicle, was insured, and no alcohol or drugs in his system.
Judge McMullen said she is going to consider the matter and adjourned sentencing.
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