Drink-driver jailed over crash thatleftwomanbadlyinjured
A CONVICTED drink-driver has been jailed after causing a collision which left an elderly woman with a serious spinal injury while he was over the legal alcohol limit.
Sean Anthony Magee (59) from Keerans Brae, Pomeroy, Co Tyrone, was sentenced yesterday. He was almost twice the drinkdrive limit when he crashed into a stationary van that was waiting to turn right.
This was shunted into the oncoming lane, causing the elderly woman’s car to collide head-on.
The incident occurred on July 2, 2016, at Killyclogher Road, Omagh.
Magee showed signs of intoxication at the scene and, following arrest, he provided a breath sample of 69 micrograms of alcohol. The legal limit is 35mcg.
The victim was rushed to South West Acute Hospital in Enniskillen where she was found to have chest injuries and a broken bone in her spine.
The woman was transferred to the Royal Victoria Hospital in Belfast where she remained for some time.
She later completed a period of rehabilitation but was initially unable to return to her own home as she remained mostly bed-bound.
Distressed at having to stay in a care home, she feared she would never be able to live in her own house again.
The court heard that, with dedicated nursing care, the victim is recovering well and has since returned home.
During interview, Magee accepted having “a few pints” the previous night, but denied responsibility for the collision, “making observations” on the driving of others.
He was charged with causing grievous bodily injury by careless driving and with excess alcohol consumed.
The charges were accepted at arraignment last month and pre-sentence reports were ordered.
A prosecution barrister said the incident was aggravated by Magee’s relevant previous record, which included a fine and disqualification for excess alcohol in 2000 and a similar disposal with a lengthier disqualification for driving while unfit in 2013.
A defending lawyer pointed out that his client, who was accompanied to court by two sisters, plays an active role in caring for their elderly parents.
Judge Stephen Fowler QC drew comparison to the age and infirmity of Magee’s victim, commenting this was “not lost on the court”.
The defence explained the alcohol in Magee’s system was from the night before, with none having been consumed on the day of the incident.
But Judge Fowler responded: “This was not simply alcohol in excess, but almost double the limit.”
He added: “While the defendant said he was at a party and claimed he had a few pints, it is quite clear he was well in excess of that.
“He continues to minimise the amount of alcohol consumed and continues to try to place some responsibility on others. He regarded the failure of other drivers as part and parcel of this incident.”
Imposing a sentence of two years, of which half will be spent in custody and the remainder on licence, Judge Fowler concluded: “There has to be retribution and deterrent for the unacceptable behaviour of driving drunk and injuring people.”