Driver who mounted footpath and hit pedestrian avoids jail

AN OMAGH man who mounted a footpath before driving into a pedestrian in the Coolnagard area of the town has been handed an 11-month jail sentence, which was suspended for two years.

John Agnew (61), from Cannondale, admitted dangerous driving and failing to remain at the scene of an accident before he was sentenced at Dungannon Crown Court yesterday (Wednesday).

A prosecuting lawyer told the court that the incident happened on May 23, 2020 at around 11.25pm, when the injured party was out for a walk.

The court was told it was raining at the time when the man saw a vehicle in the area. The car, which was being driven by Agnew, began to reverse in the direction of where the injured party was walking.

Agnew was then said to have stared at the man, and then was described as having started to “ramble and talk nonsense”.

While the man walked on, Agnew subsequently drove off, only to return to the area around five minutes later. It was at this stage that Agnew drove onto the footpath, less than a metre from where the injured party was walking.

He then suddenly sped towards the man, causing him to go onto the bonnet of the vehicle. The prosecutor added that the injured party rolled onto the vehicle, and then off it again, sustaining what were said to be relatively minor injuries, including a grazed knee.

The court was told that Agnew had nine offences including those for dangerous driving and driving while having consumed excess alcohol stretching back 40 years.

Defence barrister, Brian O’Sullivan, instructed by Conor Sally, solicitor, said that at the time of the incident Agnew was suffering from mental health problems.

Pre-sentence reports had been prepared in the case and Mr O’Sullivan added that the defendant lived alone and relied very much on his son to ensure that he attended all medical and other appointments.

Mr O’Sullivan said that the incident in question was at a low level, as much more serious injuries would undoubtedly have been inflicted on the victim if a higher speed had been involved.

Imposing the suspended prison sentence, Judge Brian Sherrard KC said that what had happened amount to a ‘hit and run’ incident.

The judge said that it was only by good fortune that the injured party had not suffered more serious injuries. He added that when stopped around 25 minutes later by the PSNI, Agnew had not commented during interview, but that the offences crossed the custody threshold.

In addition to the 11-month suspended prison sentence for dangerous driving, Agnew was also given a three-year ban for this offence and a concurrent three-year ban for failing to remain at the scene of an accident.