Man left scene of car crash where is friend lay dead

A man who crashed his car at speed into the back of an articulated lorry walked away from the scene where his friend lay dead in the passenger seat, a court has heard, reports Isabel Hayes and Sonya McLean.

The car, which was driven by Jake Kelly (22), was trapped underneath the lorry trailer in the wake of the crash, which occurred in July 2023. The passenger side of the car was covered in tarmacadam which poured out of the back of the articulated lorry upon impact, Dublin Circuit Criminal Court heard on Tuesday.

Emergency responders who arrived at the scene were not aware there was a passenger in the car and the body of the young man, Ross Rice, was discovered a couple of hours after the crash.

Neighbours described hearing a “massive explosion” in the wake of the crash, which caused their windows to shake.

Kelly was helped out of the driver seat by the truck driver in the immediate aftermath of the accident and then walked away from the scene.

He later told gardaí he wasn’t sure if his friend had got out of the car and thought he might have been in the fields nearby.

The two friends were going hunting that night and two lurcher dogs were later found in the boot of the car. The speedometer of the car was found stopped at 162km/hour. The speed limit of the road is 60km/h.

Kelly, of Ballyfermot Road, Ballyfermot, pleaded guilty at Dublin Circuit Criminal Court to one count of dangerous driving causing the death of Mr Rice at Dublin Road, Celbridge, Co Kildare on July 18, 2023.

He also pleaded guilty to failing to report an accident and driving without insurance on the same date.  He was on bail at the time for other offences which were later struck out, the court heard.

A number of Mr Rice’s family and friends were in court for the sentence hearing. Four victim impact statements were handed into court, but not read aloud.

Garda Jennifer Finnegan told Tessa White BL, prosecuting, that gardai responded to reports of a crash at around 10.40pm that night.

The court heard the driver of the articulated lorry was carrying out road works, had just picked up fresh tarmacadam and was stopped at temporary traffic lights when he noticed a car driving at speed behind him.

The Toyota Avensis, driven by Kelly, crashed into the back of the lorry trailer, causing it to be shunted forward by 1.4 metres.

The car was trapped under the trailer and the crash caused tarmacadam to pour on top of the passenger side of the vehicle.

The truck driver immediately went to the driver side of the car and managed to pull Kelly out of the car.

He left momentarily to ring gardai and when he returned to the scene, Kelly was gone. Kelly did not sustain any serious injuries in the crash, the court heard.

He was arrested a couple of days later and told gardaí he caught a taxi to his mother’s house after the crash. He said he then went to his cousin’s home to smoke some cannabis and then rang Mr Rice’s sister and girlfriend to tell them he had been involved in a crash.

The court heard Mr Rice died of blunt force head and chest injuries. His death was instantaneous, the court heard. A backpack containing torches and whistles was found in the car, as well as a small amount of cannabis. The dogs were taken to a vet hospital.

Gda Finnegan agreed with David Staunton BL, defending, that there were no eye witnesses to the collision. She accepted that Mr Rice was the owner of the car but, because he was disqualified from driving at the time, Kelly was driving for him.

Kelly assisted gardaí with the search of his home and indicated through his mother where officers would find the clothing he was wearing that night along with his phone.

Gda Finnegan agreed that Kelly demonstrated “genuine upset” during his garda interview and that he has complied with all his bail conditions.

Mr Staunton said Kelly wished to express his condolences to the family of Ross Rice. He said his client accepts that he is at fault for the accident and he is “deeply remorseful and shameful about it”.

A psychological report before the court highlighted the “profound” impact the incident has had on Kelly. He said Kelly has expressed shame and remorse and has a “profound understanding of the loss of life he has caused”.

“He acknowledges that he must be punished for what he has done,” Mr Staunton said before he added that Kelly regularly visits Mr Rice’s grave and the crash site “to reflect on what has happened”.

The report also outlined how Kelly has been severely depressed since, with a low mood, regret, lack of motivation, isolation and has “expressed a view that he almost would have preferred if he had died in the collision”.

“When one looks at this incident, the manner of driving was highly reckless. It could only have led to tragedy and severe consequences,” Mr Staunton said.

“When you drive at that speed, you don’t have time to react,” Judge Martina Baxter said.

Mr Staunton acknowledged that Kelly left the scene but said it was “probably in quite chaotic circumstances, he didn’t actually know what had happened” before he suggested that Kelly may not have had the “life experience” to know what to do.

“He didn’t seek to go to ground or engage in subterfuge, he alerted Mr Rice’s sister to what had happened – his attempt in his own way to recompense,” Mr Staunton submitted.

Mr Staunton said his client contacted Mr Rice’s sister in “a state of confusion and upset” to alert her to the accident. He said while he did leave the scene of the accident, this call was consistent with him “trying to make amends”.

He said Kelly grew up in difficult circumstances with both of his parents having addiction issues. His father, who is currently on remand in prison, has had a “sporadic involvement” in his life, Mr Staunton said.

Counsel said Kelly is now working full time and has been in a relationship for three years. His partner’s family are a good support to him, the court heard.

Mr Staunton handed in a number of testimonials which he described as character references from Kelly’s partner, her mother, her sister, his own grandmother and his friend.

Counsel said these people all speak very highly of Kelly in terms of his approach to his friends and family and the “caring nature” he has adopted.

“He is not callous, not generally ill-disposed to his fellow human beings,” Mr Staunton said.

He asked the court to accept that Kelly made admissions when he was arrested and pleaded guilty at an early stage – “avoiding the trauma, for all concerned, of a trial”

Judge Baxter asked if there were any evidence from either Kelly’s or Mr Rice’s phone to support Kelly’s claim that he tried to ring Mr Rice after the accident.

Ms White said Mr Rice’s phone was damaged and not analysed and Kelly’s phone was also not analysed.

Judge Baxter said in the absence of evidence to support his claim, she would “give the benefit of the doubt” to Kelly in that regard.

Judge Baxter said she had read the medical reports and hoped the finding that Mr Rice’s death was instantaneous would be of comfort to Mr Rice’s family.

She said she needed time to consider the case and adjourned it for two weeks to December 11 for sentence. She revoked Kelly’s bail and remanded him in custody until that date.

Judge Baxter addressed Mr Rice’s family and friends in court telling them “you have our deepest sympathies and condolences”.