AN 87-YEAR-OLD WOMAN whose car mounted a footpath on Main Street in Charleville, Co Cork, causing the death of a 72-year-old woman, and life changing injuries to another pensioner, has received an 18-month suspended sentence.

Agnes Foley had been driving for 60 years without incident when she accidentally put her foot on the accelerator instead of the brake whilst parking on the afternoon of 2 November 2024.

A “momentary lapse” by Ms Foley of Farran in Charleville led to the death of “beautiful, caring and vibrant” mother-of-five and grandmother-of-10 Mary Fehilly. Ms Fehilly lived at Holy Cross Place in Charleville but was formerly of Clonroosk, Feenagh in Limerick.

Cork Circuit Criminal Court heard that John Collins (68) was selling GAA tickets to Ms Fehilly when the Mazda car driven by the pensioner mounted the kerb pinning them both against a wall.

Mr Collins suffered a fractured pelvis and serious injuries to his leg. He has lymphedema in his left knee and thigh area and his movement is significantly reduced since the accident.

Judge Helen Boyle today noted that Ms Foley had come forward on two signed pleas of guilty. The widow previously entered a guilty plea to driving without due care and attention thereby causing the death of Mary Fehilly.

She also pleaded guilty to driving without due care and attention, thereby causing serious bodily harm to John Collins.

Judge Boyle said that aggravating factors such as speeding or mobile phone use were not present in the case. She stated that the pensioner was “proceeding slowly into a parking space” when a “moment of inattention” led to “tragic consequences for people innocently standing on the footpath.”

She referenced the victim impact statement of Mr Collins in which he stated that he had turned 66 years old and was happily anticipating an active retirement when tragedy struck.

“His main hobby was home improvement and he was looking forward to doing jobs around the house. He has significantly reduced movement. He is suffering from considerable trauma and hasn’t had a full night of sleep since the accident.”

Judge Boyle also noted his deep sense of guilt at having survived an accident in which Ms Fehilly died and his statement that what occurred on the day was entirely accidental.

She also thanked the relatives of the deceased for their moving victim impact statement. She said they had painted a portrait of a loving mother and grandmother who was the “heart” of their family.

She spoke of their eloquent depiction of the change in their family home which was once a place of “laughter where the kettle was always on” but is now “quiet and still.”

Judge Boyle extended her condolences to widower George Fehily and to the children and grandchildren of Ms Fehilly following their enormous loss.

“It was a traumatic event. You had to bring your father to say goodbye to your mother. You were blessed to have had a mother like Mary Fehilly.”

Judge Boyle, said that Ms Foley, had led a “blameless life” before the incident. A mother of five with 17 grandchildren, she cooperated fully with the garda investigation and made “full and frank admissions” in her garda interviews.

The judge noted that Ms Foley was trapped in her car for 90 minutes following the incident whilst efforts were focused on providing medical attention to Ms Fehilly and Mr Collins.

She said that it was accepted that Ms Foley was genuinely remorseful for her actions. She has written letters of apology to both the Fehilly family and Mr Collins following the accident. She has not driven since the incident.

Judge Boyle set a headline sentence of two years in the case. She sentenced Ms Foley to 18 months which she suspended for a period of 18 months. The pensioner was also disqualified for driving for a period of five years.

In her letters of apology Ms Foley said that she felt “so guilty.”

“Nothing will ever erase it from my mind. That day will always be a nightmare.”

Meanwhile, a victim impact statement from the Fehilly family was previously read into the record. The adult children of the deceased said that their mother Mary had been married to their father George for 49 years.

“They were so looking forward to their 50th wedding anniversary, but they never got to see it. They were the love of each other’s lives. Dad lost his love, his best friend, his constant companion.

His whole world was turned upside down and inside out in the space of a few minutes.”

They emphasised that they would never forget seeing their “beautiful mother” lying on the footpath.

“She knew she was badly injured. She said to us ‘I’m going to die.’ We had to bring Dad to see her on the footpath in case it was the last time he would see her alive.

“We will never forget the pain and anguish of having to contact immediate family and tell them she was in a very bad way.

“She loved and was loved by all who knew her.”

The eldest granddaughter of Ms Fehilly, Aisling Biggane, said in a victim impact statement that she took an active interest in the lives of her 10 grandchildren.

“Going to our matches, listening about our favourite singers, supporting all our different hobbies, and spoiling us with new clothes. Every year she made a point of taking each of us school uniform shopping. It was something we looked forward to, especially going for a cup of tea and a treat.”

In the aftermath of the death of Mrs Fehilly her son-in-law Fianna Fáil TD for Clare, Cathal Crowe, posted on social media that she was “the fabulous linchpin of the family.” He said that he had “struck gold” when he married into his wife Maeve’s “amazing” family.