The unlicensed and uninsured driver of a car with six occupants that crashed, killing a 19-year -old passenger, has been given a two-year sentence with 15 months suspended by Judge Yvonne Murphy at Dublin Circuit Criminal Court.
Colin Kelly lost control of his car after sounding the horn and waving at five females who were on the footpath when he turned right on to the Clonsilla Road in the Blanchardstown area.
He picked up speed at the same time and then lost control of the car, which smashed into a wall and then a pole. Sgt Michael Kennedy told Mr Damien Colgan, prosecuting, that Kelly had offered a lift home from the Roselawn Inn in Blanchardstown at 1.15 a.m. to a number of youths, including Mr Barry Finnerty.
The badly injured Mr Finnerty was removed from the car by Kelly after the other four had left the scene. An ambulance was called, and Kelly insisted on going to the hospital with Mr Finnerty, but he was pronounced dead at 5.12 a.m.
Sgt Kennedy said that when gardaí arrived Kelly denied driving the car but said he was one of the passengers. He made a full statement the next day and admitted driving, but was unable to produce any licence or insurance.
Kelly (22), from Delwood Drive, Castleknock, pleaded guilty to dangerous driving causing the death of Mr Finnerty on January 13th, 2002. Two charges of driving without a licence and not having any insurance were taken into consideration. Judge Murphy imposed a two-year sentence, but suspended the last 15 months after hearing he had no previous convictions and came from a respectable background. She also disqualified him from driving for five years.
"I have heard his driving wasn't the worst but he was travelling too fast. However, to his credit he has pleaded guilty and stayed with the deceased at the scene," the judge said. "The death of Mr Finnerty is something that he will always have to live with."