Truck driver avoids jail after crash at ‘notorious’ N5 junction

A truck driver whose careless driving caused serious injuries to a teenage motorist has avoided a jail sentence.

Italian Maurizio Spina, aged 35, who lives in Toledo, Spain, pleaded guilty to the charge of careless driving causing serious bodily harm, before a sitting of Castlebar Circuit Criminal Court.

At 11.45am on February 23, 2023, Spina was driving his articulated lorry on the N5 at Kilbride, Swinford. As he turned at a junction in the direction of Swinford town, his truck collided with a silver VW golf being driven by then 19-year old Kilkelly man James Ivers.

The court heard that the road surface was wet at the time and Spina claimed his vision was hampered by the sun and he did not see Mr Ivers’ car.

The accident left the injured party in hospital for five weeks, including three days in Intensive Care.

Mr Ivers suffered multiple fractures, a clot on his lung, a closed head injury and lacerations.

He has been unable to work since the accident and is in constant pain and currently walks with the aid of a crutch.

Diarmuid Connolly, BL, representing Spina, said his client is hugely remorseful.

Gda Fergal O’Caheny, who attended the scene, agreed with the barrister that the accident occurred at a “notorious junction” which is the scene of accidents on at least a monthly basis.

Spina’s tacograph and rest periods were in order and there was no question of alcohol being involved.

“He (Spina) simply failed to see the silver car on a wet road in the sunshine,” said Mr Connolly.

The accused has no previous convictions.

Judge Eoin Garavan said that “nobody went looking for trouble” on the day the accident occurred.

He noted however that it was “not ideal” that Spina was operating a left-hand drive vehicle.

The Judge said Spina was a decent and honest man who feels genuine remorse.

“I believe that contrition is genuine,” he commented.

Judge Garavan imposed a nine-month suspended prison sentence.