Drink-driver banned for 20 years

A drink-driver who drove into the scene of a crash that claimed the lives of two emergency workers has been banned from driving…

A drink-driver who drove into the scene of a crash that claimed the lives of two emergency workers has been banned from driving for 20 years.

Niall Shannon (21) from Lenamore, Ballylongford, Co Kerry, was convicted of driving with excess alcohol following a crash at Barrigone, Askeaton, Co Limerick on February 25th 2007 in which fireman Michael Liston and Garda Brian Kelleher were both killed.

They were attending the scene of an incident involving an overturned car on the N69, Limerick to Tralee Road when Shannon drove his car into them. 

Last December the Director of Public Prosecutions withdrew a charge against Shannon of dangerous driving causing the deaths of the two men, after two juries failed to agree on a verdict following lengthy trials in 2008 and 2009.

During those trials Shannon's defence team argued that warning signs alerting motorists to the earlier crash involving he overturned car were inadequate. They also argued that the impact had occurred on an acute bend were there was no line of sight and that Shannon was not driving above the speed limit.

The jury in the initial trial convicted Shannon of drink-driving after hearing he was over one and a half times the legal alcohol limit on the night of the crash.

Evidence was given he had a reading of 55 micrograms of alcohol per 100 millilitres of breath on the night of the fatal collision and that the legal limit for driving is 35 micrograms per 100 millilitres of breath.

Before imposing the lengthy ban Judge Carroll Moran was told that the penalties open to him were six months in jail, a fine of up to €2,500 and a minimum one-year driving disqualification.

Judge Moran said he might have imposed a substantial jail sentence had Mr Shannon been convicted of the substantive charge of dangerous driving, but as there was no conviction on this charge he felt it would be to overturn the jury's decision to impose a custodial sentence.

The judge said to impose any fine of the amount open to him could be seen as putting a value on the lives of the two men, "and that would be offensive".

However, Judge Moran did feel he could impose a substantial driving disqualification, and he banned the
Shannon  from driving for 20 years. Leave to  appeal was refused.

Garda Brian Kelleher's widow Marie and Michael Liston's widow Bernadette Lison were among those present in court for today's sentencing hearing.