A Dundee gym boss caused a horrific smash that left a 26-year-old motorist suffering what his family describe as “a fate worse than death.”
Donal Rourke suffered a catastrophic brain injury and is “trapped within his mind and body” following the collision in the city’s Dunsinane Avenue.
The supermarket worker was rushed to hospital after being cut free by firefighters and needed life-saving surgery to remove a large part of his skull.
Mr Rourke now requires round-the-clock care, cannot speak and “doesn’t recognise anyone.”
Scott Cosgrove appeared at Perth Sheriff Court and pled guilty to causing severe injury to Mr Rourke by driving dangerously and at excessive speed on July 8 2021.
The 51-year-old, of Gleneagles Road, Dundee, was travelling at double the speed limit when he ploughed into Mr Rourke’s Ford Fiesta.
The victim’s family has called for Cosgrove to be jailed, rejecting his attempt at apologising from the dock as “absolutely disgusting”.
Two seconds to collision
Prosecutor Douglas Thomson said the crash happened at a crossroads governed by a 30mph limit.
“At 8pm, Mr Rourke was travelling south along Craigowl Street in a white Ford Fiesta.
“He slowed as he approached the Give Way junction with Dusinane Avenue but did not come to a complete stop.
“Mr Rourke would have had a clear view of the accused’s vehicle coming from his right.”
He was struck by Cosgrove’s car two seconds after turning onto the street, said Mr Thomson.
It was estimated Cosgrove was travelling at about 60mph – double the speed limit.
“The accused attempted to brake and steer to the right to avoid a collision,” the fiscal depute said.
“But the nearside front of his vehicle collided with the driver’s door of the Fiesta.”
Mr Thomson said: “Collision investigators agree that the average reaction time for a driver is between one and two seconds.
“Had the accused been travelling at 30mph, the collision may still have occurred but the impact would have been reduced.”
Victim left in ‘vegetative’ state
Mr Rourke’s car was propelled 20 metres east of the junction and spun nearly 180 degrees.
The Honda Civic came to a rest between a fence and a post box.
“The accused was able to exit his car,” Mr Thomson said.
“Mr Rourke was unconscious and had to be removed by fire and rescue personnel.”
The court heard the driver had an “obvious” injury to the right side of his head.
He was rushed to Ninewells where a team was waiting for him.
“Initial assessments were that the complainer’s injuries were life-threatening,” said Mr Thomson.
Mr Rourke had surgery to remove a blood clot and a probe was inserted to release pressure.
He underwent a second operation to remove part of his skull, on the right side of his face, to ease pressure on his brain.
He stayed in intensive care until July 22 2021, when he was transferred to the neurosurgery ward.
Although he woke from his coma, he remains in a “vegetative” state, the court heard.
“He has severe brain damage, he cannot speak, he makes some noises but cannot recognise anyone,” said Mr Thomson.
After the crash, Mr Rourke – who had been saving up to buy his first home – moved into a care facility. He now uses a wheelchair.
‘Unbearable consequences’
Cosgrove’s defence counsel described the collision as “utterly tragic” and said his client offered his “sincere apologies” to Mr Rourke’s family.
“It is accepted that the custody threshold has been reached,” he said.
Sheriff Jennifer Bain KC told Cosgrove: “This is an incredibly serious matter where the manner of your driving has had unbearable consequences for Mr Rourke and his family.”
She added: “Mr Rourke was only 26 and – although he survived – any opportunity for him to live the full life that he deserved has been taken away from him.
“You have to live with that for the rest of your life.”
The sheriff deferred sentencing for background reports, adding: “I will continue your bail but you should not take that as any indication as to what the ultimate sentence might be.”
Family statement
In a statement issued to The Courier following Tuesday’s hearing, the family of Mr Rourke said: “Donal was a young man with his whole life and future stolen from him.
“Although he survived, he has lived to suffer a fate worse than death.
“He will never marry, have children or live the life he should have.
“Donal requires 24-hour care, is bedridden, fed through a tube, is blind in his right eye and to this day has not shown any meaningful signs of awareness or lacks the capacity to show awareness.”
The family said Cosgrove could have given them closure by pleading guilty at an earlier stage.
“To tell the court today that he expresses his sorrows to the victim’s family is absolutely disgusting,” they said.
“Whereas Donal is trapped within his mind and body, we have been trapped in limbo.
“We can only hope that the now guilty man receives an extended prison sentence.”
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