Derry man, 21 who admitted hit-and-run on Abercorn Road to be sentenced
A 21-year-old Derry man who admitted to offences arising from a hit-and-run incident on the Abercorn Road will be sentenced next week.
Jamie Mullan, of Sherrif’s Road, pleaded guilty to causing grievous bodily injury by dangerous driving, dangerous driving, failing to report an accident where an injury occurred, and using a motor vehicle without insurance on November 8, 2015.
The defendant was first arraigned on May 23, 2017, when he entered pleas of not guilty, but when he was rearraigned on November 20 he pleaded guilty to the charges mentioned above and two other charges were left on the books.
Outlining the case, a prosecution barrister said the incident occurred in the early hours of the morning on November 8, 2015. The injured party had been in the Abercorn Bar celebrating a christening that day before leaving to go to the Oak Bar. He left there between 2.30am-3am and returned to the Abercorn Bar ‘trying to get a carry out with a number of friends’.
At this time a white Ford Focus passed the defendant heading down Abercorn Road in the direction of Craigavon Bridge and came to a halt a short distance away. The barrister told the court that a front seat passenger then got out of the vehicle ‘and came towards (the injured party) shouting and conflict ensued’. Friends of the complainant were said to have become involved at that time.
The Ford Focus then reversed back down towards the Abercorn Bar and turned around facing Upper Bennett Street. As the complainant crossed the road he was struck by the car and ended up on the bonnet, the defendant continued driving up Upper Bennett Street where the Public Prosecutor said the car ‘swerved’ causing the injured party to ‘come off the bonnet and strike a parked van’.
Multiple Injuries
As a result the injured party sustained injuries to his left knee (ruptured anterior and posterior cruciate ligaments), damage to his ankle, a dislocated femur, and tenderness to his back. He had to undergo extensive surgery for his injuries at Royal Victoria Hospital in Belfast.
The incident was captured on CCTV, which was played several times in court during the hearing. After receiving information about the car the defendant was tracked down within two hours and was in possession of the keys. During police interview he accepted it was his vehicle but made no comment. He was again interviewed on February 24 after police had obtained further evidence and once again made no comment.
The prosecuting barrister said it is clear from the victim’s impact report that he has sustained physical and mental trauma. The court heard Mullan has previous convictions, including those for public order offences, but ‘only two road traffic offences’.
He suggested aggravating features of the case were that the defendant had no insurance and he ‘tried to throw the victim off the bonnet by swerving in order to escape’. “It would appear this is how he was thrown against a parked van,” he added.
Defence barrister Joe Brolly said he ‘respectfully disagreed with the characterisation of the case by the prosecution’ and didn’t believe his client’s driving was ‘habitually below the accepted standard’. He told the court that his client was speeding in order to get away from ‘an angry mob’.
Giving Mullan’s version of events, Mr Brolly said that as he drove past the Abercorn Bar he stopped thinking a female was going to walk in front of the car. He suggested the injured party then bangs the car and the defendant’s friend got out to confront him. A fight broke out, which the injured party’s friends got involved in, and the defendant then reversed in an attempt to ‘rescue his friend’ who was ‘being assaulted on the ground’.
‘Panic-stricken’
As the injured party ‘detaches himself’ from the fight and approaches the car, Mr Brolly, suggested Mullan made a ‘split second decision’ and ‘panicked’. The defence barrister said his client couldn’t drive backwards as in the ‘chaos’ he wasn’t sure where people were situated - therefore ‘panic-stricken’ - he drove forwards into the victim.
It was accepted by the Public Prosecution Service (PPS) that he was being chased at the time which was why charges of failing to stop or remain did not proceed, the court heard.
Mr Brolly said the 21-year-old was a ‘conflicted young man’ who witnessed domestic violence as a child, and consequently became ‘hypersensitive’ to violence. He explained that Mullan was the victim of bullying throughout his schooldays, and was transferred between nine different care homes in the space of five years – including his displacement to Wales for a period.
The court was told that Mullan has received death threats from paramilitaries, was ‘hyper-fearful and paranoid’, and has made attempts on his own life. And although he has made progress, since moving into his own accommodation he has put seven locks on his doors, has an Alsatian dog, and has erected CCTV as he ‘believes the IRA are going to kill him’.
Defence Counsel asked for ‘considerable credit’ to be given to his client whom he suggested ‘has been in prison for large portions of his life’ having been ‘put in to different care homes’. He acknowledged that the victim was ’very badly injured’ and the incident had a ‘very damaging effect on him’. However, he believed it was a ‘potential turning point’ in Mullan’s life and said the court had a ‘huge responsibility’ when passing sentence.
Adjourning sentencing until January 17, Crown Court Judge Philip Babington said it was a ‘complex case’. Mullan was released on continuing bail, but the judge advised that the adjournment ‘should not be taken as any indication he will not be sentenced into custody’.
Picture caption: Victim Paul McCrossan, pictured here speaking to the Derry News three months after the hit-and-run incident, sustained injuries to his left knee (ruptured anterior and posterior cruciate ligaments), damage to his ankle, a dislocated femur, and tenderness to his back. He had to undergo extensive surgery for his injuries at Royal Victoria Hospital in Belfast.
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