Rickshaw driver charged over death of woman after concert

A rickshaw driver has been charged over the death of a Co Down woman who suffered catastrophic injuries after a concert in Dublin in September.

Gabriel Pereira, a 37-year-old Brazilian national, appeared before Judge Michèle Finan at Dublin District Court.

Gardaí obtained instructions from the Director of Public Prosecutions (DPP) to charge him with dangerous driving causing the death of Danielle O'Keane, a 37-year-old mother of two from Saval, Newry, Co Down.

Mr Pereira, of Seville Place, Dublin 1, is also accused of endangering the lives of three other women during the same incident on the night of 26 September at North Wall Quay.

Ms O'Keane and three friends took a rickshaw and were on their way to meet her husband after a Westlife concert at the 3Arena.

In evidence, Garda Sergeant Mark O'Neill from Store Street Station told Judge Finan that the accused replied, "I don't think I did," when the dangerous driving causing death charge was put to him.

He gave no response to the second offence.

Opposing bail, Sgt O'Neill cited flight risk concerns, telling the court that the accused came to Ireland eight days before the incident on a travel visa.

It was alleged that he was in a cycle lane and made a "reckless manoeuvre" trying to leave it and merge into traffic when he struck a concrete bollard on the ground, causing Ms O'Keane to go underneath the carriage and suffer "catastrophic injuries".

She was brought by ambulance to the Mater Misericordiae University Hospital but died on 1 October after spending days in intensive care.

Cross-examination by defence counsel Luke Higgins BL established that Mr Pereira attended the garda station by appointment to be charged, which Sgt O'Neill accepted.

Further directions from the DPP are awaited.

Mr Higgins stressed that his client had no previous history of bench warrants, and the sergeant accepted he had no evidence of any previous criminal activity by the accused.

A disagreement arose between the sergeant and the defence over whether the accused had provided an account of the incident during questioning. Counsel argued that his client "fully engaged".

The officer said that on multiple occasions he asked Mr Pereira to clarify his account, and he replied, "I don't want to answer that question".

The sergeant accepted that the accused's passport had been seized and that his address at the time of the incident, as well as his current residence, were known to gardaí.

Defence counsel submitted that his client enjoyed the presumption of innocence, could face a significant period in custody if bail were refused, and that no evidence supported the contention that he would fail to appear for trial.

The sergeant responded that the situation had changed now that formal charges had been brought.

Mr Higgins noted that while the file has yet to be sent to the DPP, it is an extremely serious case and his client could spend up to 18 months awaiting trial.

Pleading for bail, counsel described the incident as extremely tragic, submitting, "it is not a case of intent, it is a case of recklessness".

He stressed that Mr Pereira had acted appropriately since the incident by providing his information to gardaí, surrendering his passport, and contacting a solicitor.

In her ruling, Judge Finan said she had concerns regarding flight risk given the accused had not been long in the jurisdiction. However, she noted defence submissions that Mr Pereira has family who could support him.

Emphasising the presumption of innocence, Judge Finan granted bail with a range of conditions including the requirement for a €20,000 independent surety.

The court heard that Mr Pereira spoke good English and he listened silently throughout the hearing, during which an interpreter was also available.

He must remain in custody until a bailperson has been approved to secure his release pending trial.

Once bail is taken up, he is prohibited from driving any motor vehicle. He must reside at his current address, sign on twice daily at Store Street Garda Station, apply for any travel documents, provide a 24/7 contact phone number, and observe a nightly curfew between 11pm and 6am.

Judge Finan remanded the accused in custody, with consent to bail on these terms, to appear at Cloverhill District Court on 11 November.