Court hears of family's 'anguish' after death of mother

A court has heard that an 85-year-old woman mounted the footpath in her car after she accidentally put her foot on the accelerator instead of the brake.

The incident caused the death of a 72-year-old woman and life changing injuries to another pensioner.

Agnes Foley of Farran in Charleville, Co Cork, who is now 87, had been driving for sixty years without incident when on 2 November 2024 she suffered a "momentarily lapse."

This error led to the death of Mary Fehilly and seriously injured the then 66-year-old John Collins.

Cork Circuit Criminal Court today heard that Mrs Fehilly was buying GAA tickets from Mr Collins at 1.50pm on 2 November 2024.

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.

Married for 49 years

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 in Charleville.

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.

Movement significantly reduced

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 in to 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."

Letter of apology

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 4 November next.

Mrs Foley previously entered a guilty plea to driving without due care and attention on 2 November 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.