Man charged over death of Donegal woman to be sentenced next year

An Austrian man who has admitted to causing the death of a woman in Donegal will be sentenced next summer.

Martin Mittsmannsgruber appeared before Donegal Circuit Court this week to affirm a guilty plea over a road traffic collision which claimed the life of Donegal Town woman Elizabeth Cave.

Mittsmannsgruber, who was aided by an interpreter in court, confirmed his guilty plea to Judge John Aylmer.

The 52-year-old, of 24A Arnberg, Wartberg, Austria 4224, is charged with dangerous driving causing the death of Ms Cave on August 25, 2024 at Inver Glebe, Donegal.

The offence is contrary to Section 53 (1) and 53 (2)(a) (as substituted by Section 4 (1) of the Road Traffic (No 2) Act 2011) of the Road Traffic Act 1961 (as amended by Section 5 (k) of the Road Traffic and Roads Act 2023.

The accused travelled back to Donegal from Austria and was formally served with a book of evidence at Ballyshannon District Court on December 5 and remained in the country until his Circuit Court date.  Sergeant Oliver Devaney told the District Court that Mittsmanngruber replied “I’m sorry” after being cautioned.

Judge Éiteáin Cunningham sent him forward for trial on continuing bail of €6,000.

At Donegal Circuit Court, Mr Colm Smyth SC, instructed by solicitor Mr Gerry McGovern, said his client would return again for the next court date. There was no objection from the State to Mittsmannsgruber being remanded on continuing bail.

Judge Aylmer adjourned sentencing until June and remanded Mittsmannsgruber on bail, under the same terms and conditions as previously set down. 

Mrs Cave was rushed to Sligo University Hospital following the collision on the morning of Sunday, August 25, 2024. She passed away the following Wednesday. 

Mittmannsgruber was subsequently arrested and brought before a sitting of Letterkenny District Court. 

Sergeant Oliver Devaney told that court that there was in principle an objection to bail because the accused lived outside the jurisdiction. However, he added that the state could be led if strict conditions were imposed on the accused if granted bail. Conditions included that the accused appear in court in person, be of good behaviour and remain contactable by phone and email with gardaí.

A sum of €6,000 was lodged in court on behalf of the accused and he was granted bail on the conditions requested by Sergeant Devaney.