A drunk driver who fatally injured a father in a hit and run accident was sentenced to three years in prison and disqualified from driving for five years at Galway Circuit Court yesterday. John Joseph Fallon (51), of Carrigeen, Clybawn Road, Knock nacarra, Galway, was convicted of dangerous driving, causing the death of Mr Bernard Walsh (38), at Tooreeney, Moycullen, on August 11th last year.
Refusing leave to appeal the sentence, Judge Carroll Moran said this was a particularly bad case where the accused that been drunk to an unacceptable level.
The court had heard that Mr Walsh was travelling home from work on his motorcycle early on August 11th when he was fatally injured by an oncoming van which Fallon was driving on the wrong side of the road.
Ms Margaret Taggart, who drove behind the van for some distance before the accident occurred, had tried, unsuccessfully, to contact gardai on her mobile phone, but they were out of range. She had noticed the van driving on the wrong side of the road on several occasions on the Oughterard to Moycullen road.
She saw the accident occur and she pleaded with Fallon to give her his keys. However, he drove off and stopped about 100 yards up the road. He was arrested a short time later at Bushypark near Galway city.
Garda Richard Rice said he found Fallon standing beside his van quite drunk. He was unsteady on his feet and his speech was slurred. He was arrested. A sample later showed a reading of 245 mgs of alcohol per 100 mls of urine.
Fallon later told gardai he thought he had hit a wall and at no stage did he see a motorbike. Giving evidence, Fallon said he had been working in a quarry in Connemara and had only one sandwich to eat all day. He was on his way home at 9 p.m. when he had drinks in two pubs.
Mr John Jordan, defending, said Fallon had been under a lot stress. He had a 15-year-old Downs' Syndrome son with moderate to severe mental handicap. The boy was violent towards his mother and younger sister and related only to the accused who had a special bond with him. "I live for my son," Fallon had told the court.
The court heard that Fallon had approached Mrs Walsh and apologised to her, while his brother, Mr Robert Fallon, had attended Mr Walsh's funeral.
Mr Walsh was well known in Galway arts circles and had been a stage manager at Druid Lane Theatre. He is survived by his wife, Teresa, and daughters, Aoife (18), Vanessa (17) and Fiona (13).