Inquest told of heroic actions of fatal crash victim

A 'table-top' crossing, which allows pedestrians to cross roads on the same level as pavements, has been recommended by a coroner for a location in Ballina where a devoted uncle selflessly lost his life pushing his four-year-old niece out of the path of an oncoming car.

Dr Eleanor Fitzgerald proposed the idea of a raised pedestrian crossing at Lord Edward Street, Ballina, at an inquest last week into the death of James Moyles, aged 33, of Mount Assumpta, Ballina.

In what was described at the inquest as “an act of heroism”, Mr Moyles pushed his niece Croia Barrett out of the path of a car driven by Keith O’Brien from Lowvalley, Crossmolina, on February 20th, 2024.

Mr Moyles died at Mayo University Hospital from the massive injuries he sustained when struck by Mr O’Brien’s Skoda Octavia car while crossing the road with his niece who survived the horrific incident. Mr O’Brien, aged 49, received a suspended prison sentence at Castlebar Circuit Criminal Court last year for dangerous driving causing the death of Mr Moyles.  He did not attend the inquest in Ballina Courthouse on Thursday last but, through his solicitor, sent a letter of apology to the Moyles family.

In the letter, which was read to the hearing by Dr Fitzgerald, Mr O'Brien made it clear that he had accepted responsibility for the tragedy from the very beginning and pleaded guilty.

“Nothing can take away the grief, pain and suffering that you are going through and have to live with. If I could take your pain and carry it for you I would. I have no explanation for what happened”, the letter stated.

Graphic and heart-rending evidence of the teatime scenes outside Carr’s Shop on Lord Edward Street - when Keith O’Brien’s car “threw James O’Boyle into the air” and knocked over his young niece - was delivered at the inquest.

In a deposition to gardaí which was read into evidence by Sgt Sean McHale, Mary Clarke Finnegan, a nurse, and one of the many who helped at the scene, said she was sitting in her car outside Carr’s Shop while waiting for her husband who was inside the shop.

Ms Clarke Finnegan, who lives at Rathball, Crossmolina, testified: “I saw a man and a little girl crossing the pedestrian crossing. Then I saw a car. Then I thought to myself they’d need to be slowing down soon because there were people on the crossing. The next thing that came into my head was ‘Oh my God. He doesn’t see them. He’s going to hit them’”.

The witness said she saw the man being hit. 

“He was thrown off the path," she recounted. "I don’t know what happened to the girl. I got out of the car and then I saw her. She was on the path as well and was in a foetal position.

“His (O’Brien’s) car was beside mine. The windscreen was all smashed. He said to me ‘I didn’t see him'. 

"I told him to call an ambulance and I went to the little girl to assess her. I could hear her whimpering so I knew she was alive."

Another witness, Aoife Gillespie, Lord Edward Street, was walking with a friend, Donna Clarke, near Carr’s Shop, when she “heard a loud bang” and saw “a man lifted into the air”. The man, Ms Gillespie testified, “went up and down in the space of seconds”.

Donna Clarke, in a statement to gardaí read to the inquest, rang 999 before leaving the scene and going home after five or ten minutes.

“I felt very sick and shocked at what happened”, Ms Clarke testified.

Another eyewitness, Patrick Kenny, Killala Road, who was out running, said he heard “a big bang” and “saw a person being thrown into the air and landing on the footpath".

"At this point I noticed a dark coloured car that had just passed me slam on the brakes and stop in the middle of the road. I did not see any brake lights from this car until after the bang."

Gda Michael McGrath, one of many gardaí to give evidence at the inquest, said he spoke to Keith O’Brien at the accident scene and was informed by him that he was the driver. He had been accompanied by his son James who was in an adjacent house suffering from shock.

Gda McGrath said the driver told him. 

“I didn’t see him. I just didn’t see him. I don’t know how it happened."

Gda Sgt John Horkan, a forensic collision investigator, gave evidence that analysis of CCTV footage obtained from Carr’s Shop showed the car’s speed calculated at 52.8 kilometres per hour at 13.5 metres prior to impact. There was no evidence of any action by the driver to avoid the collision.

Gda Sgt Horkan said that on CCTV, James Moyles “can be seen moving quickly with his right hand to lift the child to safety”.

The question of an appropriate inquest verdict was raised in discussions between the coroner and David O’Malley, of Callan Tansey Solicitors, acting on behalf of the Moyles family.

Dr Fitzgerald proposed a verdict of accidental death but Mr O’Malley objected claiming only one verdict - that of unlawful killing - was possible.

Mr O’Malley said the driver, on the balance of probability, drove over the speed limit and did not brake on impact or make any attempt to avoid what happened.

“It could," Mr O’Malley pointed out, “have led to the deaths of two people only for the heroic bravery of Mr Moyles."

After further discussion, the coroner returned a narrative verdict - that Mr Moyles’s death resulted from dangerous driving.

At the conclusion of the hearing, Dr Fitzgerald emphasised how busy the N59 is at the accident location and recommended a raised “table-top” pedestrian crossing as a safety measure.

She pleaded with all drivers to be vigilant of pedestrians and slow down.

Gda Sgt McHale joined the coroner in expressing sympathy to the Moyles family on the death of James, a selfless worker for St Vincent De Paul who was well known and loved in the Ballina community.

Sgt McHale described Mr Moyles’ actions in saving his niece as “heroic”, noting that “he will forever be remembered not only for the person he was but also what he did that night in saving Croia”.

• Published as part of the Courts Reporting Scheme.