A Co Antrim man who admitted causing the death of his best friend in a 90mph motorbike crash has been handed a 12-month sentence, but narrowly escaped going to jail after the judge suspended it for three years.
Sentencing Kieran Foster at Antrim Crown Court, Judge Alistair Devlin said while ordinarily the 26-year-old would be jailed for causing the death of Steele Mercer, there was an accumulation of factors which merited an exceptional approach.
He told Foster among those features was the fact the accident happened more than four years ago, he entered a guilty plea at the first opportunity, his clear record, “genuine shock and remorse” and knowing he caused the death of his best friend which “you must live with for the remainder of your life”.
At an earlier hearing Foster, of Belsize Road, Lisburn, admitted causing the death of Mr Mercer by driving carelessly and while unfit on the Cullybackey Road, Ballymena on May 5 2020.
Summarising the case, Judge Devlin outlined how the two best friends had been riding a Honda CBR 500 motorbike, which collided with the off-side edge of a trailer being towed by a tractor.
The tractor driver told police he had been driving at around 20 mph and there was traffic behind him when he heard a bang.
When he looked, he saw Foster and his pillion passenger “becoming unattached” from the motorbike.
The driver of a red Citroen car directly behind the tractor told police she had seen the clear road and pulled out to overtake the tractor.
The court heard she accepted “she may not have signalled” or used her indicator as she began the manoeuvre.
As her car drew level with the back of the trailer, she saw the motorbike clip the edge of it.
The judge said Mr Mercer, who was 19, sustained significant head injuries “which resulted in his almost immediate demise”.
Foster was seriously hurt and later had a finger amputated, learned how to walk again and had his arm reconstructed.
A blood sample revealed Foster had consumer cannabis before the crash, but with levels of less than 0.1 mgs, the court heard the effect on his driving was difficult to determine.
The court also heard CCTV footage showed the Honda was travelling at around 96mph in a 60mph zone.
Judge Devlin said a victim impact statement from Mr Mercers’ mum Kirsty revealed “in moving terms of the impact of losing her son”.
Turning to sentencing principles, the judge said he assessed Foster’s culpability as moderate as there were no aggravating features outside of the offences themselves and while the harm caused was obviously high, given the tragic death, Foster himself had been assessed as posing a low risk of further offences.
Judge Devlin said the authorities were clear that those who cause serious injury or death while drink or drug driving “do so at their peril”, Foster’s case was such he could take an exceptional approach.
The judge also imposed a three-year driving ban.