Two children and their aunt trapped by van in Dungloe dangerous driving

A woman who drove a van despite being inexperienced, unlicensed and uninsured trapped two children and their aunt against a wall on a Dungloe street, a court heard. 

The woman and children - one of whom was in a pram and other whose foot was run over - were taken to hospital. While there were no major physical injuries, Judge Emile Daly said she had read the Victim Impact Statement, and it had been a terrifying situation with lasting effects. 

Valaria Aksiuta, 27, of Apt 1 Greystone House, Lower Main Street, Dungloe was before An Clochan Liath / Dungloe District Court on Tuesday, January 13, with a Ukrainian interpreter present to assist her. 

She admitted a charge of dangerous driving, as well as charges of driving without licence or insurance at Carnmore Road, Dungloe on May 25, 2024. 

Inspector Seamus McGonigle told the court that on that date, gardaí responded to a report of a road traffic accident, arriving at 4.23pm. 

“Valaria Aksiuta had entered a white Mercedes van along with a male known to her,” said the inspector. “Ms Aksiuta got into the driver seat and drove. She had no licence and no insurance, and no driving experience whatsoever.”

He outlined how, when turning from Lower Main Street onto Carnmore Road, Aksiuta collided with the kerb.

“Instead of straightening the wheels, she continued turning and collided with the wall, trapping a woman who was pushing her niece in a pram. She also ran over the foot of a boy, aged 10, the brother of the little girl in the pram. She continued, and crushed and trapped them. 

“All three were taken to Letterkenny University Hospital. There were no physical medical injuries but from the Victim Impact Statement, there were psychological issues after the event. 

“It goes without saying how serious this was. The fact that there were no lasting injuries is something of a miracle.”

Inspector McGonigle said that the defendant passed all drink and drug tests at the scene. She subsequently made a cautioned statement to gardaí, admitting everything.

“We are satisfied that she made a full and frank account of what happened,” added the inspector.

Solicitor Frank Dorrian explained to the court that his client was turning on to a narrow street, and the incident occurred on and immediately after the street corner. 

“It is not that she accelerated further up the road,” said Mr Dorrian, adding that Aksiuta was driving with the permission of, and under the supervision of the van’s owner. 

Judge Emile Daly asked: “Is there an explanation as to why she got behind the wheel?”

The solicitor replied that the journey had begun on Arranmore Island.

“There is a suggestion that the driver of the vehicle was somewhat unwell,” he continued. “He gave her permission to drive the vehicle and unfortunately, she was unequipped to do so. 

“She has no driving experience in Ireland but has driven in Ukraine.

“When she turned the corner she was confronted with a vehicle coming towards her, and she reacted.”

Mr Dorrian told the court that his client was apologetic and should have known better. 

“There will be no recurrence of this,” he said. “The probation report gave a score of low risk of reoffending, the best score that can be achieved.”

He explained that she had moved to Ireland from a part of the Ukraine that was badly affected by the war. She had been studying accountancy.

Mr Dorrian said that the defendant had secured employment as an accounts assistant, had not obtained a driving licence, and had no wish whatsoever to drive again.

In considering sentencing, Judge Daly said: “I have to take account of the impact it has caused on the injured parties. It has been said that there was no physical injury, but I have read the Victim Impact Statement. It must have been terrifying; a baby in pram, an 11-year-old boy that was run over, an aunt that was responsible for these children.

“A narrow road attempting to be negotiated by the accused. Because it was on the other side of the road, she got frightened and panicked, and ended up mounting the footpath. That is someone who can’t drive, who shouldn’t be driving.

“She has to take account of what she did. If the driver gave her permission to be in the car, that doesn't mean she has to do it. That was her choice.”

Judge Daly said she believed it more appropriate that money would be paid to the victims rather than a fine being imposed. 

“The compensation is not a civil remedy,” she clarified.

The judge said that a mandatory two-year disqualification was being imposed for dangerous driving, with the charge of driving without a licence taken into consideration. She adjourned the remaining matter to July 14 to allow compensation of €2,000 to be paid to the aunt, and €1,500 to be paid per child.

“I accept that there is a full apology expressed in very severe terms,” said Judge Daly.