*Helga Himmelsbach. Photograph: John Mangan
A Clare widow has told an inquest that the absence of restorative justice in the case where her late husband died as a result of a French tourist’s dangerous driving “is a lost opportunity” for all concerned.
At the Clare Coroner’s Court in Kilrush, Helga Himmelsbach made her comments concerning the death of her husband, Jerry O’Connor (71) on July 27th 2023.
Mr O’Connor died at the scene on the N67 leading out of Ballyvaughan after a French motorist, Olivier Le Bozec (43) crashed into Mr O’Connor’s Yamaha motorbike while Mr Le Bozec was driving on the wrong side of the road.
Mr Le Bozec of Rue Georges Cadoudal, Locoal Mendon, France was on the second day of a family holiday in Ireland with his wife and eight year old son and they were driving to Aillwee Caves outside Ballyvaughan when the crash occurred on a blind bend at 10.30am.
Mr Le Bozec pleaded guilty to the dangerous driving causing the death of Mr O’Connor and Mr Le Bozec walked free from court after Judge Francis Comerford imposed a suspended 17 month prison term on Mr Le Bozec.
At Ennis Circuit Court last November, Judge Comerford also imposed a four year driving ban on Mr Le Bozec and the terms of his suspended prison term are on condition that he pays a €7,000 fine within twelve months.
At the Coroner’s Court, Clare County Coroner, Isobel O’Dea found that Mr O’Connor died as a result of poly-trauma consistent with a road traffic collision.
An eye-witness, June Rouine driving behind Mr O’Connor said in her deposition that Mr O’Connor “had no chance to react” before the head on impact with Mr Le Bozec’s car.
Ms Rouine said that Mr O’Connor skidded off to the right and went under the car which was on the wrong side of the road.
After the French-registered Renault came to a halt, Ms Rouine said that the French couple went over to the motorcyclist lying on back. She said, “I don’t know if they touched him. They were crying and hugging each other.”
In the witness box at the sentencing hearing last November, Mr Le Bozec told the court through a translator said, “My wife and I deeply regret what happened and this will be with us until the end of our lives”.
The hospital maintenance worker said, “We will always think about the man who died that day until the end of our lives unfortunately. We are truly, deeply and sincerely sorry for what happened”.
The inquest was told details of the suspended sentence and penalties imposed on Mr Le Bozec.
At the inquest, Ms Himmelsbach said that none of that is relevant to Mr Le Bozec because a court sentence in Ireland “does not transfer to France so Monsieur Le Bozec could leave Ireland with no obligations from his trial”.
Ms O’Dea said, “That seems to be the situation indeed yes”.
During the summer, Ms Himmelsbach met Minister of State at the Dept of Transport, Séan Canney (IND) TD in Ennis to highlight her ongoing concerns over road safety in the Burren and tourist routes.
In September, Ms Himmelsbach went on a walk and cycle from Kilrush to Kinvara to highlight the danger of traffic on the roads in North and West Clare, especially during the tourist season
At the conclusion of the evidence and after Ms O’Dea returned the cause of death, Insp Ronan McMahon and Ms O’Dea offered their sympathies to Ms Himmelsbach.
However, in response Ms Himmelsbach told the inquest, “I just wish that Olivier De Bozec would have extended his sympathies to me which he never did”.
Ms Himmelsbach said that unfortunately Mr De Bozec was not present at the inquest which, she said is again unhelpful, as he could not see the extent of the damage which he has caused.
Ms Himmelsbach said that it is very sad that our justice system is as lax as it appears to be and that a man whose driving resulted in the death of another man could just walk free.
Ms Himmelsbach said that the system gives no opportunity for restorative justice “which would not only have been helpful to me but also to Jeremiah’s family and friends but also to Mr De Bozec and his family”.
She said, “It was a huge opportunity that was lost yet again.”
After the inquest, Ms Himmelsbach said nothing has happened yet concerning the road safety improvements she has highlighted.
On dealing with her continuing grief over the loss of Mr O’Connor, Ms Himmelsbach said that it is getting worse commenting “it is an abyss becoming deeper and wider all the time”.
