Pensioner pleads guilty to causing death of Limerick woman (72)

A COURT has heard that an 85-year-old woman mounted the kerb in her car after she accidentally put her foot on the accelerator instead of the brake, causing the death of a 72-year-old Limerick native.

Agnes Foley, of Farran in Charleville, Co Cork, had been driving for sixty years without incident when, on November 2, 2024, she suffered a “momentarily lapse.”

This error led to the death of Mary Fehilly, formerly of Cloonroosk, Feenagh, Limerick, and also seriously injured the then 66-year-old John Collins.

On Thursday, Cork Circuit Criminal Court heard that Mrs Fehilly was buying GAA tickets from Mr Collins at 1:50pm on this date. At the same time, Mrs Foley went to park her car on Charleville’s Main Street.

Garda Christopher Gleeson said that Mrs Foley was attempting to enter a car park space when she pressed the accelerator instead of the brake. As a result, John Collins and Mary Fehilly were momentarily pinned to a wall.

Mrs Fehilly was airlifted to Cork University Hospital (CUH), where she died later that evening. Mr Collins suffered a fractured pelvis and lacerations on his inner thighs. He finds it impossible to do some tasks which were previously second nature to him.

A victim impact statement was read into the record on behalf of the Fehilly family. They said that the mother-of-five, and grandmother-of ten, had been married to their father George for 49 years.

“They were so looking forward to their 50th wedding anniversary but they never got to see it. They were the love of each other’s lives. Dad lost his love, his best friend, his constant companion.

“His whole world was turned upside down and inside out in the space of a few minutes.”

They emphasised that they would never forget seeing their “beautiful mother” lying on the footpath.

“She knew she was badly injured. She said to us: ‘I'm going to die.’ We had to bring Dad to see her on the footpath in case it was the last time he would see her alive.

“We will never forget the pain and anguish of having to contact immediate family and tell them she was in a very bad way. That night, she passed away surrounded by her family and lifelong friends, Mary and Donie Forde.”

They stated that their mother was the “heart” of the family home in Holy Cross Place, Charleville.

“She loved and was loved by all who knew her. Her loss has left a gaping hole in countless lives of her family and friends. There is a profound sense of loss and disconnection strongly felt by Mam's siblings.

“They are heartbroken by her loss and miss and pray for her every day.

“Our house was always full of noise and laughter with the kettle always on. Now the house is quiet and still.”

The court heard that Mrs Fehilly was a “typical Irish mother.”

“She did everything for us and Dad. She drove the car, did the shopping, cooked and cleaned. She looked after banking, bills, doctor’s appointment and medicines for dad.

“Mum and Dad both worked morning, noon and night to put us through school and college.

“Our lives revolved around our mother. She was a ball of energy. She was great craic. She was our constant in a world of ups and downs

“Without any degree, she was a nurse, psychologist, teacher and therapist to us all. It was mam we all rang or called to, looking for advice and help. She loved us fiercely and we loved her back, in the same way.

“Our mother was the sun and we were the planets revolving around her.

“Her clothes and shoes are in the same position she left them the afternoon she went to town. Not one of us are mentally strong enough to try and sort out her possessions. We all suffer mentally as a result of that day. “

They thanked Shane O’Donovan, an emergency doctor who happened to be passing when the accident occurred and stopped to provide assistance to the injured. They also expressed their appreciation for first responders, gardai, the air ambulance and the staff of CUH.

The victim impact statement of John Collins was also read into the record.

Mr Collins said that he was excited about putting his retirement plans into action when tragedy struck.

“Instead (of a happy retirement), my days were centred around hospital stays, pain management, medical appointments and rehabilitation. I am left with lymphedema on my left knee and I constantly need to use compression bandages. My movement is significantly reduced.”

Prior to the accident, the pensioner carried out all of his own home improvements. This is no longer an option for him.

He added that he had found it hard to come to terms with the loss of Mary Fehilly.

“I knew her since I was a teenager and we were very friendly. My heart goes out to her husband and family. I feel very fortunate that I survived but I also feel a deep sense of guilt that I survived when Mary did not.”

Mrs Foley has written letters of apology to the Fehilly family and to John Collins. She co-operated fully with the garda investigation. She was fully insured and her car was in good mechanical order.

Defence barrister Marjorie Farrelly, SC, said that it was an “extraordinary event” with “extraordinary consequences.’

Her client has not driven since the accident occurred. Mrs Foley lives alone following the death of her husband in 2022. She is a mother-of-five and a grandmother.

Judge Helen Boyle offered her heartfelt condolences to the family following their devastating loss. Sentencing was adjourned until November 4.

Mrs Foley previously entered a guilty plea to driving without due care and attention on November 2 of 2024 at Main Street, Rathgoggin, Charleville, thereby causing the death of Mary Fehilly.

The pensioner also previously pleaded guilty to driving without due care and attention on the same date and at the same place, thereby causing serious bodily harm to John Collins.