The jury in the trial of a Ukrainian national who denies dangerous driving causing the death of GAA broadcaster Paudie Palmer at Innishannon at Christmas time in 2022 deliberated throughout Wednesday but have yet to reach a verdict in the case.
Judge Jonathan Dunphy directed the jury of seven women and five men to return to continue with their deliberations at 10.30am on Thursday and told them not to read any reports in relation to the trial, stressing that what they heard in evidence was paramount and that they should reach their decision only based on what they heard in court.
The jury had a question just before they were sent home for the day. Judge Dunphy told them that this would be addressed on their return to Cork Circuit Criminal Court. The question related to the relevant section of the Road Traffic Act and the definition of dangerous driving.
Bohdan Bezverkhyi, aged 33, of Rigsdale House, Rigsdale, Ballinhassig, County Cork, denies the charge of dangerous driving causing the death of Mr Palmer at Dunkereen Cross, Innishannon, Co Cork, on December 29, 2022.
Prosecution barrister Brendan Kelly said the prosecution case was that the accused approached the junction and had a stop line and stop sign against him and that a motorist coming on to the junction from this road would have had an unrestricted 150 metre view of traffic on the road coming from the direction of travel of the late Mr Palmer.
Defence senior counsel Seamus Roche referred to the late Mr Palmer not wearing a seatbelt: “I don’t wish to be unfair to the man but that is a factor of the case. He was not driving in a safe manner for whatever reason and was in fact on his incorrect side of the road — that is the nub of the defence. He (Bohdan Bezverkhyi) was trying to negotiate the cross as safely as he could.”