Father of man killed by car asked judge not to jail drive

A MOTORIST whose driving caused the death of another man after they attended the same rugby dub function has been given a suspended…

A MOTORIST whose driving caused the death of another man after they attended the same rugby dub function has been given a suspended sentence of 2 1/2 years.

Colm Kelly was also disqualified from driving for 10 years, ordered to pay £3,000 to the National Children's Hospital and to carry out 240 hours' community service. He was also bound to the peace for five Last month the victim's father appealed to Dublin Circuit Criminal Court not to jail the defendant because of drugs and homosexuality in the prisons.

Kelly (28), a road builder and father of one, of Heatherview Avenue, Tallaght, pleaded guilty to dangerous driving causing the death of Mr Stephen Maher (20), on the Naas Road, Clondalkin, on March 1st Mr Thomas Maher had told Judge Cyril Kelly that while working on wiring contracts in most of the State's prisons he had witnessed young offenders injecting themselves.

He had said he initially wanted to see the driver dead because the accident had destroyed his family, but he did not now think people should be jailed with drug abusers and people who practised homosexuality.

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At yesterday's hearing Judge Kelly responded that while he took Mr Maher's plea into consideration, he also had to impose a penalty for the community good.

Mr Maher was a very brave and Christian man to give the evidence he did. His family had been devastated by the death.

He said the defendant had to carry out the 240 hours community service before next July 28th, when the sentence would be reviewed.

He will work on the refurbishment of a centre for the rehabilitation of drug addicts.

Judge Kelly said the £3,000 was to be paid in sums of £200 per month to the National Children's Hospital, and if that target was not met in any month the defendant would be jailed.

The judge added that the loss of his driving licence would keep Kelly's offence in front of his mind for 10 years.

Garda Chris Carroll told Mr George Birmingham, prosecuting, that Kelly did not co operate very well after the accident and claimed: "This is not dangerous driving. He walked out in front of me".

Mr Maher said his family now believed jail would ruin Kelly's life and that a different sanction should be available. He could be placed in a hospital to witness the devastation caused by actions such as his own, said Mr Maher.

His wife was so traumatised in the hospital after their son's death that three doctors had to treat her.

Judge Kelly said he was struck by the deep humanity of Mr Maher's evidence. He said Mr Maher had also shown a comprehension of aspects of jail life which were described to the court every day.

Garda Carroll said the victim and some friends were walking towards the city on the hard shoulder of the Naas dual carriageway at 2.30 a.m. after attending a function in Clondalkin Rugby Club.

Kelly had also attended the function with a different group and was driving in the same direction.

The night was wet and on a dark stretch of road near the Green Isle Hotel his car swerved inwards and killed Mr Stephen Maher.

Garda Carroll said there was evidence Kelly had had "a few pints" before the crash but he declined to provide a sample for an alcohol test saying he did not have legal advice. However, a doctor formed the view he was unfit to drive.

The deceased man's friends also told gardai they felt the car had been speeding. Due to procedural difficulties, the case had dragged on for four years, which put further strain on the victim's family, Garda Carroll added.

Mr Denis Vaughan Buckley SC (with Mr Roger Sweetman), defending, said his client had wished to apologise to the Maher family in person but had been advised not to approach them.

Mr Vaughan Buckley said he was apologising now although he accepted nothing he could say would alleviate the tragedy to all concerned and the Maher family in particular.