Lorry driver who caused death of cyclist by careless driving given community service

Martin Poland, a 54-year-old father-of-one from Ballymartin, died five days after he fell off his bike on the Annalong Road in Kilkeel on September 13, 2020.

The fatal fall was caused by what was described in court as the “grievous nature of the overtaking manoeuvre” performed by the lorry driven by Neil James McVeigh, 37, from Ballykeel Court in Ballymartin.

McVeigh walked free from Newry Crown Court with an enhanced combination order (ECO) to complete 100 hours of community service, a year on probation and a 15-month driving ban.

Initially charged with causing death by dangerous driving, McVeigh later in court admitted the lesser offence of death by careless driving.

The jury, directed by Judge Gordon Kerr KC to enter a verdict of guilty by confession, had heard how Mr Poland, a keen cyclist, was on the Annalong Road when the Scania lorry and refrigeration unit driven by McVeigh overtook him.

Prosecuting KC Samuel Magee said it had been a fine, sunny, Sunday morning when the lorry came up behind Mr Poland and crossing over the white line, causing an oncoming BMW driver to take evasive action and come to a stop on the grass verge, overtook the cyclist.

The BMW “shook slightly” as the lorry passed by and when the passenger looked back, he saw Mr Poland becoming “unsteady” and eventually tumbling over the handlebars of his bike.

The senior barrister said while there was no evidence of actual contact between bike and lorry, it was clear the cyclist’s fall was caused when the lorry passed by him at a distance of approximately 50 centimetres.

Despite wearing a helmet, Mr Poland sustained a fractured skull as well as bruising and laceration to his brain and despite the best efforts of the air ambulance and medics at the RVH sadly, he passed away five days after the accident.

Unaware of the incident McVeigh had driven on and when he was spoken to by police, said he was not aware of any accident.

Defence KC John Kearney said he had been instructed to acknowledge and apologise for the “devastation and loss” the death has caused.

He argued McVeigh’s mistake was a “momentary miscalculation” of the room and time needed to safely overtake.

Judge Kerr told the court he believed a nine-month prison sentence was justified but under sentencing regimes he was required to consider an ECO which he deemed of merit in this case.

A spokeswoman for walking and cycling charity Sustrans offered their deepest condolences to the family of Martin Poland, adding: "According to the report the lorry driver overtook Mr Poland within 50 centimetres of his bike. All motorists should allow at least 1.5 metres when overtaking a cyclist, or to make that easier to understand, you should leave as much room as you would when overtaking a car.

"You should also only overtake when it is safe to do so. For the sake of just seconds or minutes onto your journey, is it really worth putting someone’s life at risk and leaving a family devastated?”