Man gets 6 1/2 years on killing, car offences

A MAN who caused the death of a father by assaulting him has been jailed for a total of 6 1/2 years by Dublin Circuit Criminal…

A MAN who caused the death of a father by assaulting him has been jailed for a total of 6 1/2 years by Dublin Circuit Criminal Court.

Keith Lyons (20), of Croftwood Gardens, Ballyfermot, pleaded guilty to the unlawful killing of Mr Jarlath Smith (42), at Blackditch Road, on April 19th, 1995.

Judge Cyril Kelly expressed hid sympathy with Mrs Joan Smith and her family on the death of her husband.

Lyons, a heroin abuser whose father died as a result of heroin addiction, also pleaded guilty to causing criminal damage to a BMW car valued Pounds 9,000 which was written off after he crashed it into a pole on January 20th, 1996.

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Garda Anthony Linehan told Mr Des Zaiden, prosecuting, the crash ended a chase involving a Garda patrol car during which Lyons drove at high speed on the wrong side of the road and on a roundabout. Other cars had to take evasive action to avoid collisions.

Garda Linehan agreed with Mr Stephen McCann, defending, that Lyons was trapped behind the steering wheel and had to be cut from the BMW by a rescue unit. He was on crutches for a long time afterwards.

Judge Kelly imposed a 4 1/2-year sentence for the unlawful killing and two terms of two years each in relation to the car offence.

He noted Lyons had been on bail on the manslaughter charge when he committed the car offence and directed that the two-year terms should run concurrent with each other but consecutive to the manslaughter sentence.

Del Sgt Gabriel O'Gara told Mr Gregory Murphy SC, prosecuting the manslaughter case, that Mr Smith died in hospital one month after he was struck by Lyons. The Smiths had been married 19 years and had four children, the eldest of whom was 17.

Mr Smith, a welder, was a native of Westport, Co Mayo. He was a Manchester United fan and on the night of March 19th, 1995, went with his wife to a social club to watch a Manchester Utd versus Liverpool match on TV.

The deceased man drank up to 14 pints of beer over many hours, and the couple were on their way home when Lyons drove along Blackditch Road in his car. He sounded his horn at the Smiths to get them out of his way, then got out of the car and hit Mr Smith one blow, from which he fell backwards.

Del Sgt O'Gara agreed with defence counsel, Mr Erwan Mill Arden SC, that Lyons went voluntarily to the Garda station on the day Mr Smith died. A jury trial might have lasted five days with legal argument due to prosecution difficulties.

Mr Mill Arden said Lyons insisted on pleading guilty to the manslaughter charge although advised by his legal team of the State's difficulties in running a trial.

He admitted striking the blow which led to Mr Smith's death, but the evidence showed there was no intent to cause serious injury.