A Lithuanian security manager who knowingly made an illegal right turn to “get home faster”, causing him to collide with a motorbike, has avoided jail.
Egidijus Stasaitis (41) of Mount Drynam Avenue, Kinsealy, Swords pleaded guilty to dangerous driving causing serious harm, after initially being charged with careless driving causing serious harm by a Garda who witnessed the collision near Kettles Lane, Swords.
Gda Mark Gandola told the Central Criminal Court that he rushed to the aid of the man who was struck by Stasaitis’ 171 BMW as he was undertaking using a bus lane on his motorcycle on the 25st of September 2023.
In dashcam footage played before the court, the victim, a Mr. Lannigan, can be seen being thrown onto the road by the impact in which he sustained serious injuries including multiple fractures of his pelvis, fractures of his wrist, elbow, and a finger.
Gda Gandola told the court that Lannigan was unable to get up off the road after being struck by the BMW, which was written off.
He described getting out of his patrol vehicle, running to the injured man, and telling him that help was on the way.
The incident was witnessed by another motorist, a Ms. Ryan, who told Gardaí that she had noticed Stasaitis attempting to make the illegal right turn and had applied her brakes and saw Lannigan go past her on his motorbike.
She said that she was traveling at 60km p/h, which is the speed limit in the area.
She said that the black BMW “just kind of indicated” and then “went for it”.
The court heard that Lannigan had applied his brakes and that he was “lucky he was wearing protective gear”.
Gda Gandola said he knew the area and that there were multiple signs and “double white lines” indicating that a right turn was not permitted. He said that Stasaitis remained at the scene and tested clear of any intoxicants.
Stasaitis said he “didn’t see” the injured party, telling Gardaí the collision was “the first I know he was there”.
“I know I shouldn’t have turned here, I was just trying to get home faster,” he said.
Due to the severity of his injuries Lannigan was in rehab for two-and-a-half months.
The court heard that Stasaitis has no previous convictions, and that he is a security manager and uses his car frequently for work.
The maximum sentence for the offending is 10 years or a fine of 20,000 euro, the court heard.
Stasaitis’ defence counsel, Ronan O’Carroll BL, argued that his client has been in Ireland for 19 years and that he is the father of four children, aged 5 – 19 years.
He said that his client had “Indicated and felt it was safe to move despite the warning signs,” and that he had phoned Swords Garda station to inquire about the injured party’s condition.
His BMW was written off and he received no insurance payout, the court heard.
Notwithstanding, Lannigan having sustained “significant injuries”, the defendant “stayed at the scene” and his documents were “all in order” meaning that Lannigan can be “compensated”.
He said his client’s actions were a “temporary lapse in judgement”, that he has “shown remorse”, and that his wife is a credit union manager.
Judge Martin Nolan said that “the only thing that gives me pause” is that the vehicle was going very fast, and that it seemed that the bike was “breaking the speed limit”.
“Two wrongs don’t make a right,” he said, noting that the witness, Ms. Ryan said that the defendant had indicated.
Judge Nolan decided to consider an appropriate sentence overnight and let the matter stand to deliver this at 1pm the following day.
The court was also shown rear view dashcam footage of the motorbike moving along the road.
When the case recommenced for the passing of a sentence, Judge Nolan noted that the court had “the benefit” of dashcam footage from two directions.
He said that it was clear that the defendant had crossed double white lines and “was in mouth of a junction” and that another vehicle [that of Ms. Ryan] “had to slow down”.
He said that a “severe impact” had taken place and that the injured party has sustained “very serious injuries” and was in hospital for over two months and has been “left with long term problems”.
Judge Nolan said that the motorcycle had been “undertaking” vehicles and that it was “going, I think, in excess of 100km p/h”.
He said that due to the “high speed” it was possible that the defendant “just didn’t see him” and that he “didn’t see for a good reason”, and “wouldn’t have been expected” to.
He said that crossing double white lines is a “statutory offence” but that Stasaitis had a “low level of culpability” in his failure to see the motorcycle, therefore it would be “unjust to imprison him,” he said.
That the injured party was “travelling very fast” had “contributed to the situation”, he said sentencing Stasaitis to 20 months in jail to be suspended on condition that he be of good behaviour for that period and that he enter into his own bond of 100 euro.
The defendant was disqualified from driving for 4 years.
“Double white lines are here for a reason,” Judge Nolan said.