Sentencing took place today at the Circuit Criminal Court sitting at Castlebar Courthouse.
A Moldovan native has been sentenced to five months in prison on a charge of careless drving causing the death of Westport woman Maureen Hopkins on June 6, 2024 in the SuperValu carpark in Westport.
Mihail Tanasevici (43) of Woodford Road, Clondalkin, Dublin 2 pleaded guilty to the charge and to a lesser known road traffic offence of failing to keep the windscreen clear of non-essential items.
Judge Eoin Garavan said it was a tragic case which resulted in the death of a wonderful woman – a remarkable wife, mother and grandmother. He said the incident occurred in a crowded and chaotic carpark where there was huge pressure on the delivery driver given the unsuitabliity of the carpark he was working in.
He said Tanasevici hadn't set out with the intention of doing anything wrong and was a decent man with no previous convictions and with a clean driving record since he began HGV driving in 2008. However, Judge Garavan said moral culpability had to be reflected in the sentence and he imposed a five-month prison term on Tanasevici.
In evidence, the court was told that Mrs Hopkins, of Rosmoney, Carrowholly, Westport had parked her car in SuperValu carpark and approached the back entrance to the shop.
Mr Tanasevici, an employee of Tempside Ltd trading as Polonez, had arrived in his white Mercedes rigid truck truck after travelling from Dublin to a warehouse in Ballina and dropping off product in Castlebar. It was a different truck to the one he usually drove and he had started work that morning at 5am. He had a valid license and insurance and after the incident was found to have no alcohol or drugs in his system.
Garda Tomás Ryan told the court that Tanasevici was reversing his truck into the SuperValu carpark from the public road when he realised he had to let a car out of a parking space. He moved the truck backward to allow this occur. The same thing occurred again with another car and as he moved forward he hit Mrs Hopkins with the left front side of the vehicle.
Tanasevici told gardai he had not seen Mrs Hopkins approach the truck and did not know where she came from. He couldn't see anything tight to the front of the truck and “had barely moved forward” when the collision occurred.
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Partially obstructed
Garda Ryan told Judge Garavan that what's known as the 'Blind Spot' at the front of trucks is covered by a 'Cyclops Mirror' but it was partially obstructed on the truck by a helmet which hung down over part of it. There were also a number of items on the windscreen which were 'inessential objects' and hindered the driver's view.
These included two Mercedes decorative lights, a green canvas bag, a sticker and two suction pads. Garda Ryan said these objects could have contributed to Tanasevici not seeing Mrs Hopkins. He told the court that records showed Tanasevici had received a call from his wife on his mobile phone eight seconds after the collision. The call had lasted four seconds. Tanasevici said he felt the call had arrived before the incident, but added it had not impaired his movements as he answered it by pressing his ear-piece.
In cross examintion by John Dockery, BL for Tanasevici, Garda Ryan said there had been no designated loading bay in the SuperValu carpark at the time and his client had to reverse into the area from the public road. A marked-off loading bay has since been put in place. He also told the court that a health and safety investigation is currently ongoing and gardai and all interested parties are awaiting the outcome of that.
In a Victim Impact Statement, Ms Sinead Hopkins, daughter of the deceased, said there were occasions when she had no words to describe her grief at the loss of her kind, loving, caring mother. Her mother had survived cancer a few years earlier and was then joyous to have precious time with her beloved husband Chris, four adult children and nine grandchildren. Ms Hopkins said her mother's death had unleashed a myriad of emotions and there were days when the heartbreak consumed her.
Ms Hopkins said she and her family bore no ill-will to Mr Tanasevici and that was also reflected in the Victim Impact Statement of Mr George Darcy, brother of the deceased.
Mr Darcy explained how he, Mrs Hopkins and their sister Ann Eustace grew up in a happy home in Bagnalstown, County Carlow and were an extremely close family.
“Maureen looked after me, spoiled me and was kind, generous and well-liked,” said Mr Darcy. When she married Chris Hopkins and moved to Mayo they remained close and visited regularly. Now, when Mr Darcy and Mrs Eustace visit Mayo their first port of call is the graveyard in Kilmeena. Her loss is unbearable as at times she was the light of so many lives.
Mr Chris Hopkins, husband of the deceased, also produced a Victim Imapct Statement which wasn't made public, but read by Judge Garavan, who said he was extremely impressed by the tone and demeanour of the statement.
“The forgiving tone is honourable. Anyone called 'Mom' by her husband is obviously the boss of the household, and it's obvious that Mrs Hopkins was the best type of mother and grandmother one could have.”
Video footage
Video footage from SuperValu Westport and dashcam from the truck driven by Mr Tanasevici was played to the court.
In mitigation, Mr Dockery said his client was a very decent, hardworking man who was a valued member of his employer's team, with an exemplary driving record, who was devastated by the death of Mrs Hopkins. He had worked in Ireland since 2019 and had a wife and four children back in Moldova.
Judge Garavan said the incident was a tragedy where a driver under pressure had to reverse into a carpark which left a lot to be desired and was somewhat chaotic and haphazard with cars pulling in and out. He said there was also some culpability on the company who allowed trucks on the road with inessential items on the windscreen. This had changed since the incident.
He said Mr Tanasevici couldn't be more co-operative and was a decent man but a five month sentence was appropriate.
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