A Galway-based doctor has been spared jail for careless driving causing the death of his six-year-old daughter in the midlands over two years ago.
46-year-old Babak Meshkat, of An Cimín Mór, Cappagh Road, Galway, was fined €5,000 and disqualified from driving for one year.
Sentencing at Mullingar Circuit Court, Judge Cephas Power said that no sentence can make up for the punishment Meshkat suffers every day.
He added there could be no greater deterrent to the public, than the horror of this tragedy.
Summarising the facts, Judge Power said "the defect of the vehicle, leading to catastrophic failures, the unsecured child who unbuckled her belt a minute before the crash and the speed of the car he was driving, led to the death of one who was so loved by her father, her parents and those who knew her".
"The accused's grief is very real," he said.
Meshkat's daughter, Hana Meshkat, was severely injured in the crash on the eastbound lane of the motorway between Tyrellspass and Rochfortbridge on 8 February 2024.
She died at Children's Health Ireland (CHI) at Temple Street in Dublin nine days later, having suffered severe head injuries.
The court heard how Meshkat, who pleaded guilty to careless driving in June, had lost control of the car, the car flipped on the embankment and the airbags were deployed.
Hana was thrown from the car while Meshkat and his son, who were restrained, received some injuries.
Witnesses reported that Meshkat was screaming and begging for his daughter to be okay, as he put her on her side and tried to assist her.
The court heard how Meshkat had been travelling to Dublin Airport to pick up his parents and was planning on surprising his younger daughter for her birthday.
He had initially left the house without his daughter but returned as she wanted to travel with him.
The court heard how the child, who had been saying she was hungry and bored, had unbuckled her seatbelt a minute before the crash.
The court heard how four seconds before the collision, the car had been travelling at 173km/h with the average speed journey that day 138km/h.
Witnesses at the scene reported poor visibility on the day of the crash with some saying it was raining and there was spray coming from cars.
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Evidence from engineer's report
The court heard that the trigger event that led to the collision was the tread layer on the right back tyre which led to delamination, where the outer tread or internal layers separate from the tyre casing.
The court heard the tyres of the BMW X5 car, which were designed for the German autobahn, showed excessive wear on the inside.
The court heard evidence from an engineer's report that the camber in the car was excessive, meaning the wheels were tilted too far inward, causing excessive wear on the inside of the tyres.
The accused or any normal person inspecting them would only have been aware if the car had been put up "on a ramp", the court heard.
On the outside, the court heard, the tyres would have appeared in order.
"Negative cambering is not something that happened by accident, but something that was engineered on this particular car," Judge Power noted.
The court heard that Meshkat would have lost control of the car regardless of the speed, due to the alignment of the tyres which caused excessive wear to the inside of the tyres.
The sentencing heard that Meshkat had regularly serviced his car, which was two years old, and nine months previously had the tyres changed.
Mullingar Circuit Court heard how gardaí had corresponded with BMW but had not received a response.
The judge said he had to look at the culpability of the driver and placed this case at the lower end of the mid-range sentence.
He noted the case had not the usual aggravating factors and Meshkat had no previous convictions, had not consumed alcohol and was not knowingly driving a defective car.
He also took into consideration that Meshkat had co-operated fully with the investigation.
However, he said in the 60 seconds that his daughter had her seatbelt removed, he ought to have slowed down and taken emergency actions, adding that was the only aggravating factor in the case.
Judge Power said Meshkat, who works as a surgeon in Galway, had suffered greatly as a result of what happened.
The judge said the references handed into the court were exceptional and spoke of a man who shows empathy, kindness and compassion to all he meets.
The court heard the doctor was born in Iran and had studied medicine in Ireland, where he and his wife had three children.
As a result of the collision, Meshkat suffers mental health difficulties, post traumatic stress, persistent and pervasive grief and his family life has also suffered, the court was told.
In victim impact statements from the family, Hana was described as a "bubbly" young girl, who "captivated everyone she met".
The court heard how the six-year-old loved art, Irish dancing, music, dressing up and experimenting with make-up.
The family said they "carry their grief silently, sometimes unable to find words".
In sentencing, Judge Power noted the family's concern, that having already lost their sister, they faced the possibility of losing their father to a custodial sentence.
Judge Power said having regard to all the factors, the appropriate sentence in the case was one of a fine.
He fined Meshkat €5,000 and disqualified him from driving for 12 months.
Judge Power said he was mindful that the doctor needed his car for work and bringing his children to hobbies and activities, but "I am satisfied that because of the speed he travelled on the day, with children in the car on a rainy wet afternoon, a disqualification is appropriate".
The judge concluded that no sentence could make up for the punishment the man suffers every day and there could be no greater deterrent to the public, than the horror of this tragedy.