A careless truck driver who was speeding in a defective lorry when he caused the death of former Garryowen rugby player Mark McMullen three years ago has lost an appeal against his 10-month prison sentence.At the Court of Appeal on Monday, Judge Patrick McCarthy said that the main defect in the lorry driven by Gabor Mihalecz (65) had been a problem with the braking system, which ultimately seemed to cause the vehicle to jackknife. The judge also noted that the appellant had driven at excessive speed when taking a bend in the road.Mihalecz, of The Cloisters, The Ninch, Laytown, Co Meath, had pleaded guilty to careless driving causing the death of McMullen on the N24 at Barne, Clonmel, Co Tipperary, on July 31st, 2023.On May 20th last at Clonmel Courthouse, Mihalecz was sentenced to 10 months in prison and disqualified from driving for four years.His legal team, led by Dermot Cahill argued that the headline sentence of 20 months which was set before mitigation was too high. Laying out the details of the incident, Judge John Edwards, presiding over the three-judge Court of Appeal, noted that the appellant had been driving with a bald tyre and a load not secured on the back of the vehicle, although there had been a dispute between two prosecution expert witnesses as to whether the load moving had contributed to the jack-knifing of the lorry.He said the appellant had been travelling at 91km in an 80km zone and had suffered a momentary loss of attention that caused him to veer on to the incorrect side of the road. Mihalecz then braked, but because the trailer was not connected correctly, the anti-lock Braking System did not work and the wheels locked, which caused the vehicle to jackknife. Counsel for the State, David Humphries, said there were a number of defects with the vehicle, including a bald tyre where the metal was showing through.In delivering the court’s judgment, McCarthy said Mihalecz’s speed was excessive when taking the bend. He noted the sentencing judge reached the view that the appropriate headline sentence was 20 months, before mitigating factors. He said that aggravating factors considered were that the appellant was a professional driver and the fact that he did not notice that the green connection light did not come on when the vehicle started up. Saying that the sentencing judge did not fall into any error in principle, McCarthy said that the court was dismissing the appeal.