A waiter whose dangerous driving caused the death of a young mother of two has been given a 5 1/2-year suspended sentence by Judge Joseph Mathews at Dublin Circuit Criminal Court.
Frank Clancy, who said he did not see the woman as she stood in the middle of the well-lit road at Marino Mart in Dublin, was also disqualified from driving for the next 15 years.
Clancy (45), a father of three, of St Ronan's Avenue, Ronanstown, pleaded guilty at Dublin Circuit Criminal Court to dangerous driving on May 25th, 1996, causing the death of Mrs Catherine McGrath (29).
He was given a six months concurrent suspended sentence for not keeping his vehicle at the scene of the accident, which happened at about 3.30 a.m.
Clancy, in evidence, expressed his deep remorse to the dead woman's husband, Mr Declan McGrath, and all her family. Sgt Aidan O'Dea said Clancy had bought the Opel Rekord car involved in the fatal accident about 10 days earlier and it gave him continual trouble. When he was returning home from his work as a waiter at Howth Golf Club on the fatal night his radiator overheated and fogged-up his windscreen.
He parked the car at St Laurence's Road, Clontarf, and took a taxi to Barry's Hotel where he drank three pints before returning to get it. He told Sgt O'Dea he was driving along Marino Mart at about 35-40 mph when he heard a thud and at the same time his windscreen shattered.
"I drove on. I thought it might be a person and I panicked and continued on," he said. He drove to Capel Street where he parked the badly damaged car and took a taxi home.
The following day he came back to Capel Street and drove the car home. Shortly afterwards he told his wife he had had an accident the night before and she asked if it involved the woman who was reported in the media as having been killed by a car. Sgt O'Dea told prosecuting counsel Mr Adrian Mannering BL that Clancy then went to Ronanstown Garda station and made a statement admitting what had happened. He made a more detailed statement the following week.
The car was badly damaged along the front and on the bonnet. It had no horn and its rear tyres were defective. There was no evidence of skid or brake marks at the scene.
The accident happened after Mrs McGrath, with other relatives and friends, had been at a late-night restaurant. She crossed to the Fairview Park side of Marino to try and hail a taxi but when one was stopped by her brother on the opposite side she began to join him.
She was seen clearly standing in the middle of the road by several eyewitnesses. Her friends and other eyewitnesses then saw her hit by a car travelling at speed towards the city. The court heard she was thrown in the air and landed almost 10 metres from the point of impact. She was pronounced dead shortly after her removal to the Mater Hospital.
Mr Mannering told Judge Mathews a post-mortem examination showed Mrs McGrath died from a massive skull fracture and severe trauma.
Sgt O'Dea agreed with defence counsel, Mr Ciaran O'Loughlin SC, the defendant's admission helped the Garda investigation.
???i and went with them in a patrol along the route he took on the fatal night.
Mr Declan McGrath, the dead woman's husband, told Judge Mathews her killing had been devastating for him and the her family. The 18 months since it happened had been very difficult for them all.
"It has also devastated Frank Clancy and his family. I thank him for his remorse but I doubt if we will ever get over it though we are doing our best", he told Judge Mathews.
Mr O'Loughlin submitted that though it was a most tragic case it was not one which called for a custodial penalty. His client had brought a life-sentence on himself and though the case merited a severe sentence it could be suspended. Clancy's voluntary admission had greatly helped the gardai.
Judge Mathews described the case as "tragic beyond description" but nothing he could say would bring back the dead woman. He did not think on balance that the interests of society would be served by jailing Clancy.