A delivery driver who hit a woman as she crossed the road because of what was described as “a momentary lapse in attention” has received a 12-month suspended prison sentence.
Ann Watters never regained consciousness after sustaining head injuries when she was struck by a van driven by delivery driver David McCann. Dublin Circuit Criminal Court heard that McCann was not watching the road as he turned right onto the street Ms Watters was crossing, reports The Mirror.
Ms Watters’ husband had earlier read a victim impact statement during a sentencing hearing this month in which he asked: “How many more people have to die until driver behaviour changes?”
CCTV footage shown at the same hearing revealed that Ms Watters was halfway across the two-way road when McCann began turning. The court heard the van cut the corner at the junction and crossed the centre of the road when it fatally struck her, reports The Mirror.
McCann (49), of Mary Akinhead House, James Street, Dublin 8, pleaded guilty to careless driving causing the death of Ann Watters (née McGlynn) in Ringsend, Dublin 4, on 20 April 2024.
When sentencing McCann on Monday, Judge Orla Crowe said it was clear from victim impact statements given by Ms Watters’ husband and sister that she was “an exceptionally loved person who was central to their family”, reports The Mirror.
“Their devastation and loss endures to this day,” Judge Crowe said. She added that there was nothing the court could do to undo the pain and loss suffered by Ms Watters’ family and friends.
She described the CCTV footage as “harrowing” but said that the usual aggravating factors seen in such cases were absent, noting there was no excessive speed, no intoxication and no mechanical fault with the van, reports The Mirror.
“It was a momentary lapse in attention – a matter of seconds that had catastrophic consequences for Ms Watters and her family,” Judge Crowe said.
She took account of McCann’s co-operation with gardaí, his genuine remorse and the fact that he remained at the scene before imposing a 12-month sentence, fully suspended. McCann was also banned from driving for four years, reports The Mirror.
At an earlier hearing, Garda Grainne Smith told prosecuting counsel Brian Storan BL that the van was travelling at about 13mph at the time of the collision and was in good condition.
She said McCann had been called into work that day to cover for a colleague and was unfamiliar with Ringsend, using Google Maps and checking street signs to find his destination, reports The Mirror.
CCTV footage showed that as McCann turned right onto the adjoining road, he was not looking ahead. Instead, he turned his head over his right shoulder to read a sign at the moment of impact.
The court heard the victim was on her way to work when she was struck. Dash-cam footage captured a loud thud followed by McCann saying “oh, oh my god” before exiting the van, reports The Mirror.
McCann was later seen pacing in distress with his head in his hands, repeatedly saying, “It’s all my fault”, the court was told.
Paramedics arrived within minutes, but Ms Watters had no pulse. She was taken to hospital where doctors found severe bleeding around her brain. She never regained consciousness and died three days later, reports The Mirror.
McCann co-operated fully with the garda investigation and provided a detailed account of the incident, accepting full responsibility, Garda Smith said.
Garda Smith also outlined McCann’s previous convictions, including road traffic offences such as speeding in 2016 and driving without insurance in 2015, 2003 and 2002, reports The Mirror.
He also has convictions under the Theft Act from 2000 and 2016, as well as a conviction for robbery. Defence counsel David Staunton BL said McCann came from a law-abiding family but developed a drug addiction in his 20s.
Mr Staunton said that following the robbery conviction, McCann rehabilitated himself and rebuilt his life. He began working as a driver around 2010 and joined Eastern Electrical in 2021, where he was employed at the time of the collision, reports The Mirror.
Counsel told the court that McCann’s employer continued to support him and viewed him as a valued worker, adding that his client was deeply remorseful.
“If he could turn back the hands of time for those seconds just to make sure he looked – he would do so without qualification,” counsel said, reports The Mirror.
Reading from his victim impact statement, Ms Watters’ husband Gary said the day of the collision marked the start of a nightmare that continues to this day.
“Ann was my life. She was beautiful and happy and clever and hard working,” he said. Mr Watters told the court that a part of him died when his wife was killed, reports The Mirror.
“Some mornings finding the reason to get out of bed is difficult. I’m not really living life anymore. I’m just trying to get through another day for the sake of Ann and my family,” he said.
Mr Watters said the stress of the tragedy led to him developing hypertension and suffering a stroke last September, reports The Mirror.
He said: “To have a loved one die of natural causes is a difficult experience for all those who have had to endure it. To have a loved one killed on the road is another thing altogether.
“Every day I have to pass the site in our little village where Ann was struck down.
“There were 174 deaths on Irish roads in 2024. Of this figure there were 33 pedestrian deaths. How many more people have to die until driver behaviour changes?”, reports The Mirror.
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