A garda has been jailed for six months at Portarlington District Court, Co Laois, following charges related to a road accident in which Alan Jones (28) died.
Martin Shankey-Smith, of Chestnut Grove, Dunboyne, Co Meath, was charged with driving with excess alcohol on December 27th last at Lea, Portarlington; failing to keep the vehicle at the scene of an accident, failing to stop and driving without due care and attention.
On hearing the evidence, Judge Mary Martin expressed surprise that more serious charges had not been preferred against the 39year-old Traffic Corps member.
The defendant was represented by Mr Declan Breen, while Mr Dan Boland represented the Jones family.
Mr Donal Dunne, State solicitor, who led the prosecution, summarised evidence from a number of witnesses that the late Alan Jones attended a disco at Portarlington Rugby Club that night with a number of others, including his brother, David, and an uncle, Mr David Shaw.
Shankey-Smith returned to the scene of the accident and was arrested and brought to Portlaoise Garda Station. A urine sample showed he had a concentration of 119 mg of alcohol per 100 ml of urine. Mr Dunne said Mr David Jones described being knocked on the ground by a car on the way from the disco. He got a "forcible blow" at the rear of his right knee.
The group intended to visit an aunt's home and Alan was walking behind them. He described how his sister, Mary Jane, alerted him that Alan was lying in a ditch.
Ms Mary Callanan's statement said that on December 26th last, Shankey-Smith had lunch at her home. At about 4 p.m. they went to a local pub where he drank Budweiser. They later went to another pub where he had another Budweiser but did not finish it.
They went to the rugby club and the defendant drove her home. About three or four minutes after he left he rang her and was "very upset", saying he had hit someone or something. She spoke to him for eight to ten minutes and her brother drove her to the accident scene.
Mr Dunne told the court the defendant had identified himself to a garda who was investigating the case, saying "I'm the man you're looking for".
The investigating officer felt the defendant was over the limit and arranged for him to be tested for alcohol.
Insp Lyons said the defendant returned to the scene after 15 to 20 minutes.
He had been in the force since 1983 and had "an unblemished record".
Mr Breen said his client pleaded guilty to the charges. After leaving the Callanan home, a car overtook him and he turned off his headlights, forgetting to turn them back on afterwards.
As he approached Portarlington Rugby Club, he saw "shadows" but did not see the deceased until he was on top of him.
The defendant rang Ms Callanan who said he was hysterical and she calmed him down.
As soon as he came to his senses, he co-operated with the gardai. He took full responsibility for his actions and expressed sorrow to the Jones family.
Mr Breen said his client was "distressed beyond belief" and had behaved stupidly. His co-operation showed he had not intended to leave the scene.
Shankey-Smith was a separated man who had been in the Traffic Corps since 1991. He had served on humanitarian missions in Angola and the former Yugoslavia and got medals in recognition of his service.
After the crash he was transferred to another station. He no longer drives.
Mr Boland said Alan Jones had been 28 and nearly qualified as a quantity engineer. Stating she was "appalled" by what she had heard, Judge Martin jailed the defendant for six months on the excess alcohol charge, imposing a £1,000 fine. A total of £550 was imposed in fines on the other charges, while the defendant was disqualified from holding a driving licence for ten years. His licence was also endorsed.
In a statement after the court hearing on behalf of the family and girl friend of Alan Jones, their solicitor, Ms Elizabeth Bruton, said they were pleased the case had reached a conclusion. They appreciated the comments of Judge Martin but were disappointed there had been no direct apology from the defendant.