I started this thread – reading the press piece really disturbed me for all sorts of reasons.
10 years ago I was hit by an out of control car & very seriously injured. I could have died that day but the outcome of any event is not what is ultimately judged.
The lady driving the car visited me in the hospital - she broke ribs in the accident. It was clear that she did not know why she lost control of the car.
Many months later the Gardai contacted me asking that I attend court as a potential witness. In court I sat beside the lady; she was charged with dangerous driving - if I recollect correctly. She asked what I hoped to see happen that day. My view was that it was over & pinning dangerous to her was not really addressing anything & I told her that.
She had not pulled out of driveway - if asked to guess, she got a wheel in the muddy verge entering a curve and then braked, losing control but I saw nothing until she careered into my path.
Anyhow her legal representative addresses the judge - young lady, impeccable record & stuff like that which was fair enough – I was not called upon (also fair enough).
There were two differences in that there was no jury & my bike's capacity (800cc) or its speed or any accident record that I might have had were not ventilated in the court.
The lady had dangerous knocked down to careless with a small fine - I was OK with that.
Declan's mother is reported to be OK with the lady being acquitted (or more correctly not charged) I understand that & applaud her humanity.
Why the case was heard before a jury I don't know but the lady's legal representative technically did a good job for her (leaving moral issues aside but we are talking about the law which has nothing to do with morals). Sadly he strongly inferred Declan was speeding (he may have been but that does not remove the other party's duty of care & if Declan was at fault in an incident, his speed would be estimated by accident investigators with some degree of authority). The size of Declan's bike & his accident record was also added to the prejudicial melting pot & the jury acquitted. There is little more to say except for the saddest thing of all, Declan is dead - may he rest in peace.
For that fact alone reading the newspaper piece makes me very uncomfortable. In addition I can't help but think that if I died the day of my accident, that inferences as to my machine size, my conduct or past record would be drawn (in my absence) as in Declan's case. I would not rest in peace as I hope Declan does.