Judge pays tribute to Mayo man whose actions saved the life of four-year-old niece

A MAYO judge has paid tribute to a 33-year-old Ballina man who was tragically killed while shielding his four-year-old niece from an oncoming car on a pedestrian crossing.

James Moyles of Mount Assumpta, Ballina died after he was struck by a car while crossing a road at the pedestrian crossing on Lord Edward Street, Ballina on February 20, 2024. Mr Moyles was with his four-year-old niece Croía at the time and as he saw the car approach he tried to push her out of the way and took the full force of the car's impact.

The driver of the car Keith O'Brien (49) of Low Valley, Crossmolina pleaded guilty to dangerous driving causing the death of Mr Moyles and was sentenced at Castlebar Circuit Criminal Court.

CCTV footage of the incident was shown to the court and Judge Eoin Garavan said that witnessing Mr Moyles final act in trying to protect his niece was so touching and will never be forgotten. Noting the age of Mr Moyles, Judge Garavan commented that his final act in life was reminiscent of that of Jesus Christ in that he tried to save others.

“I don't want to be over-wrought or think my language is far too flowery but I thought of the name James and a young man who died tragically at 33 years of age and the last thing he did on earth was the best of him. It sounds like Jesus to me. Perhaps in our own way we try to emulate the life that we should and in this case the last thing James did was to save someone else. The very best of him,” he said.

The court heard that Mr Moyles had gone to Carr's Day Break shop at around 6.15pm with his niece and was crossing the pedestrian crossing outside the shop when a Skoda Octavia driven by Mr O'Brien approached.

Sergeant Stephen Kenny said the car did not slow and Mr Moyles tried to take action by throwing Croía to safety before the point of impact and shielding her from the impact. They were both propelled into the air with James Moyles landing 16.64 metres away.

Catastrophic injuries

He suffered catastrophic injuries and attended to at the scene and brought to Mayo University Hospital but died the following day. The cause of death was due to massive subarachnoid hemorrhage due a fracture at the base of the skull.

His niece was kept in hospital overnight and sustained bruising but there were no serious physical injuries and released the following day.

Sgt Kenny explained that Mr O'Brien was bringing his son to music lessons in Ballina and he told gardaí at the scene, “I did not see him, I just didn't see him and I don't know how it happened.”

He was tested at the scene for alcohol and drugs which proved negative for both.

Mr O'Brien was arrested and detained on July 4, 2024 and in his interview he stated he did not see anyone at the crossing but when he got there he saw a man and a child at the front of the car. He said he was familiar with the location and drove on that road four to five times a day.

A Garda forensic examination of the scene calculated that Mr O'Brien was travelling at a minimum average speed of 52.8km per hour in a 50km zone in the 13.5 metres prior to the impact. He did not hit his brakes prior to the impact which occurred at 6.25pm. Mr Moyles and his niece were on the pedestrian crossing for 2.4 seconds before they were struck.

Sgt Kenny said that Mr O'Brien has no previous convictions and did not come to the attention of gardaí prior to the incident.

Remained at scene

He confirmed to Mr Michael Bowman, senior counsel for Mr O'Brien, that he remained at the scene and went to both the victims and called 999 himself. He also confirmed there was no indication that he was using his phone at the time. Sgt Kenny added that the vehicle was inspected and there were no defects at the time of the incident.

Mr Bowman said his client was visibly shaking at the scene and was devastated when he heard Mr Moyles had passed away. When interviewed by Gardaí, Mr O'Brien commented that he was incredibly sorry and if he could go back in time and change things he would.

Mr Bowman commented that his client simply did not see Mr Moyles in time and by the time he applied the brakes it was too late. He added an engineers report calculated that the speed of the car at impact was between 47.7 and 49.8km per hour.

Mr Bowman said his client wrote a letter of apology to the Moyles family on March 23 last year after approaching a mutual friend to deliver it to the family. Sgt Kenny confirmed this but the family found the circumstances upsetting.

Mr Bowman said that in the letter his client reassured the family he was co-operating fully with the gardaí and commented that he was true to his word by pleading early and accepting his guilt and responsibility for what occurred.

The court was informed that Mr O'Brien is a native of Co Meath and has two teenage sons and structured his work to be able to look after one of his sons who has educational challenges. Mr Bowman said his client is also supportive of his brother-in-law who has Down Syndrome and brings his swimming and gets him involved in community life.

References

Mr Bowman said he has been provided with a number of references from organisations Mr O'Brien is involved in and shows that he is a keen sports man and community minded and dedicated volunteer.

Mr Bowman also read a letter written by Mr O'Brien to the Moyles family where he apologised for James death and for everything they have gone through and he thinks about them all the time.

He said the probation report shows that Mr O'Brien has shown empathy to the Moyles family and understands he is responsible for what happened but struggles to understand what happened.

In addressing a possible sentence, Mr Bowman said there was case law which suggested that there was no requirement to impose a custodial sentence in this case. He said there was an absence of multiple aggravating factors such as drink driving in this case..

He said his client took ownership of his actions and asked Judge Garavan to impose a sentence which acknowledges the loss suffered by the Moyles family but to take into account Mr O'Brien's character and the way he has approached this case.

Judge Garavan described the case as 'deeply distressing' and 'profoundly sad' but occurred as a result of Mr O'Brien's catastrophic misjudgement.

He said Mr Moyles's death was a 'terrible tragedy' and understands why the Moyles family are angry and devastated and why no family occasion will ever be the same without him.

He said that Mr O'Brien was familiar with the road and there was no question that he should have been aware of the pedestrian crossing which he said he ignored. He added that speed was also an issue saying that the speed limit is not a target and he should not have been driving as fast in an urban area.

However, Judge Garavan said that having read the case, he had to come to the conclusion that Mr O'Brien is a good man as well and that he had taken responsibility for his actions and not tried to blame anyone else and shown remorse.

“When you are the Moyles family his remorse pales into comparison but I believe his guilt will be his companion for the rest of his life and travel with him. And I know there is a weight around his head and it is a punishment because of the person he is,” he commented.

Judge Garavan said that in his view Mr O'Brien should not serve a custodial sentence and sentenced him to two and a half years imprisonment but suspended it for a three year period. He also imposed a ten year driving disqualification saying that Mr O'Brien's actions meant he should not be on the road. Judge Garavan said he hopes the Moyles family are able to deal with their loss and paid tribute to James Moyles.

“None of us will forget this case and remember James, a 33 year old man who had so much to offer in life and was clearly an admirable gentleman and good person in all aspects,” he concluded.

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