Derry driver who caused serious injuries to motorcyclist spared jail after victims 'act of generosity'

A judge said he was not going to jail a motorist who caused serious injuries to a motorcyclist due to the ‘generosity’ of the victim who appealed for him not to be jailed. 

Judge Ted Magill described the victim's request as "an unexpected praiseworthy act of generosity" and also described the motorcyclist's victim impact statement as "harrowing" in terms of how the incident has impacted on his own life and on his family life.

The case at Derry Magistrate's Court involved Ciaran Mitchell, (24) from Cornshell Fields.

He pleaded guilty to causing grievous bodily injury to his victim by driving without due care and attention just outside the city's police headquarters on the Strand Road on May 10 of last year. 

CCTV footage showed Mitchell driving across the path of an oncoming motorcyclist colliding with him.

The motorcyclist was hurled through the air and crashed onto the roadway sustaining multiple compound fractures which required five hours of surgery in Altnagelvin Hospital.

In his victim impact statement the motorcyclist said he had been told injuries like his often ended with amputation. 

He said: "When I came out of surgery the first thing I felt and looked down for was my legs to see if they were still there", he added.

"There are things I took for granted that I can no longer do. This was completely life changing for me and my family. 

“On our first wedding anniversary my wife had to push me in a wheelchair into a restaurant for our anniversary meal. At the time of my accident my mother was in palliative care with cancer. 

“She couldn't come to visit me often because she was so unwell. I lost that time with her also, she passed away last December 4", the victim added.

He said he was unsure if he'll be able to work again and he made a direct appeal to Mitchell.

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"Whilst I understand that no-one sets out to injure someone I just hope in the future when or if you are driving you take due care especially when coming to junctions. 

“That one mistake you made could have been a life lost. It has impacted on my entire family. I also wouldn't want to see you going to prison. All that I wish is that you are more careful in the future", he said.

District Judge Magill told Mitchell that "through your recklessness on this day this unfortunate man received extremely serious injuries which have clearly impacted on his entire life. 

“You caused him to sustain appalling injuries but despite all of this your victim says he does not want to see you going to jail and just wants you to be more careful in the future. 

“Because of the generosity of this person, because you have pleaded guilty and because you had no previous convictions I will not send you directly to prison.

"I am imposing a four month sentence, suspended for two years, and disqualifying you from driving for two years", he said.