A CLARE teenager has been given a four year suspended sentence and banned from having for seven years for dangerous driving causing the death of a man near Limerick city in 1994.
Mr Dermot Kirwan (19), a meat factory employee, of Derryfadda, Clonlara, Co Clare, was also ordered to do 240 hours' community service by Judge Kieran O'Connor at Dublin Circuit Criminal Court. He entered into a bond to keep the peace for four years.
Kirwan pleaded guilty last week to dangerous driving causing the death of Mr Anthony Ryan (48), a father of three, on July 23rd, 1994.
He also admitted dangerous driving causing serious bodily injury to Mr Sean Corbett (40) on the same occasion near Pallasgreen on the road between Limerick and Tipperary. He had been remanded in custody for sentence.
The court heard that Mr Ryan pulled Mr Corbett to safety just seconds before they were both struck by Kirwan's car.
Judge O'Connor told Kirwan that even though the offences were serious he had been influenced by the fact that his breath test had been under the legal limit and he had been driving at under 50 miles an hour.
Garda Sean Parsons told Mr Paul McDermott, prosecuting, that Kirwan's father had given his son the car for the night. He was with friends in a pub before going to a nightclub which they left at about 2.30 a.m. Kirwan drank moderately because he was driving.
Mrs Susan Kiely and her husband, John, were driving behind him and noted Kirwan's ear was being driven erratically at under 50 m.p.h. The ear began swerving before going in on the grass margin. It travelled about 18 metres before the impact.
Garda Pansons said Mr Corbett was wheeling a bicycle with Mr Ryan walking beside him. Mr Ryan saw the car and pulled Mr Corbett back, saving his friend's life.
Both men were then hit and Mr Ryan was lifted on to the bonnet. Mr Corbett was found on the ground near the scene of the accident and his bicycle finished up in the ditch. The car initially stopped but then drove on for 316 yards before stopping again outside a garage.
A blood test showed Kirwan was within the legal limit.
Tests on Kirwan's car later established it had brake defects which could have caused it to be pulled to one side.
Dr Patrick Kelly told Mr Anthony Sammon, defending, that Kirwan had been his patient for many years. The day after the accident he found the then 17 year old Kirwan distressed and administered valium and sleeping tablets.
Kirwan declined a request to admit himself to a psychiatric hospital. His father said his son had contemplated suicide.
Kirwan remained off work for 16 weeks and showed great sympathy for the victim's family.
Mr Sammon said his client would bear the wounds of what had happened for the rest of his life. He asked the court to deal with the case on a non custodial basis.