In the aftermath of the Russian incursion, a Ukrainian woman who sought refuge in a foreign land has been found guilty of the accidental death of a fellow Ukrainian refugee. The unfortunate incident took place just moments after both had separated following an evening out. Kseniia Vasylenko, 43, resident of Cork Airport Hotel, confessed her irresponsibility in court, leading to the passing of 49-year-old Andrii Nesterov in Lehanaghmore, Cork at Cork Airport on the 8th of October the previous year.
Judge Helen Boyle applauded the efforts of the police who promptly determined that Mr. Nesterov’s death was not due to a cardiac arrest, initially claimed by Vasylenko. The latter was under the influence of alcohol at the time, getting into Nesterov’s vehicle, reversing it while he was standing behind it, consequently hitting him and causing demise.
The judge reminded Vasylenko that her drunken state was a significant contributing factor, placing the conviction for the accidental death at a higher scale. Such serious acts carry a maximum sentence of two years, the judge stated.
In Judge Boyle’s words, “Having escaped warfare in Ukraine, your spouse is dedicated to bringing back electricity in destroyed regions. You have been constructive in prison, serving as an interpreter to some inmates while working and pursuing an educational course. Despite this, the incident, which was exacerbated by alcohol, is considered one of the severest.”
Following her judgement, Judge Boyle issued a 24-month prison sentence to Vasylenko, with a nine-month suspension, and applied the sentence retrospectively from the 9th of October, the day she was first imprisoned. Vasylenko was further prohibited from driving for a duration of eight years.
Det Garda Gary Brennan from Togher Garda station informed the court about the events in the early hours of October 8th, 2023. Hotel staff from the Cork Airport Hotel alerted Garda around 2.20am about a man experiencing a cardiac arrest in the hotel car park. When the ambulance crew arrived, they found Mr. Nesterov, a father of three, on the ground, injured severely in the head and legs. He was immediately taken to Cork University Hospital where he was declared dead.
Upon reaching the location, the Garda quickly determined that Vasylenko was indeed in the vicinity during the incident. However, she refuted the allegation of driving Mr Nestorov’s car, which upon examination by a forensic expert, showed traces of the deceased’s clothes on its bumper.
Dashboard camera footage from the vehicle recorded most of the unfortunate occurrence that led to Mr Nestorov’s death. Later, the same video footage showed Vasylenko exiting the car. She was then detected by the CCTV in the Cork Airport Hotel lobby, where she had been residing in refugee quarters. Notifying the hotel staff of an incident, she requested them to summon an ambulance.
The Garda questioned Vasylenko in her room a short while later, and eventually she was taken into custody on the suspicion of engaging in fatal reckless driving that resulted in Mr Nestorov’s death, who was also a guest at the hotel.
Vasylenko initially refuted any claims of her being behind the wheel of the car when Mr Nestorov was hit. Later, she claimed to have no memory of the circumstances due to intoxication after an evening spent with Mr Nestorov. After reviewing the dash camera footage, she stated she was traumatised by the event and could not recall whether she had driven the car. She eventually conceded that she was indeed driving when Mr Nestorov was struck.
Confessing, Vasylenko stated, “I unknowingly ran him over, mistakenly thinking I was driving over pavement.” She expressed her profound remorse for her actions that led to Mr Nestorov’s death, who succumbed to severe cranial damage, blunt force injuries to the chest and haemothorax.
“I am devastated and regretful. This will weigh heavily on my conscience for the rest of my life. I wish to extend my sincere apologies to his wife and children once I am free,” Vasylenko conveyed to the police.
Her defence attorney, Jane Hyland SC, claimed that her client was genuinely repentant and deeply ashamed of her actions. “She had had a considerable amount of alcohol that night and failed to acknowledge that she had run over Mr Nesterov until she viewed the dash cam footage,” stated Ms Hyland, highlighting that her client had no prior convictions.
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