MOTORIST JAILED FOR SIX YEARS FOR FATAL CRASH NEAR FERNS
MOTORIST ALSO DISQUALIFIED FROM DRIVING FOR 15 YEARS FOLLOWING FATAL CRASH NEAR FERNS IN 2015 THAT COST THE LIFE OF JIM BRENNAN (81)
A HIT-AND-RUN driver who left an 81-year-old man for dead following a collision on a straight stretch of road outside Ferns has been jailed for six years.
Gerry O’Brien, described as being in his thirties, of 43 Grahams Court, Wicklow, came before Judge Cormac Quinn at Wexford Circuit Criminal Court last Friday after pleading guilty to a number of offences, including dangerous driving causing the death of James Brennan, who lived in the Cherry Orchard area of Enniscorthy town.
O’Brien admitted dangerous driving at Ballylough, Ferns, Co Wexford, on January 12, 2015, causing the death of Mr Brennan and also causing serious bodily harm to Bernie Weafer on the same occasion.
Guilty pleas were also entered for charges of failing to remain at the scene of the accident; driving a stolen vehicle; and driving without insurance.
Sergeant Victor Isdell told prosecuting counsel Sinead Gleeson that, on the night in question, O’Brien was driving a stolen car, a silver Volvo, which ploughed into the rear of the Toyota car being driven by James Brennan, leaving Mr Brennan dead and causing injury to his partner, Bernie Weafer, who was 59 at the time.
Sgt Isdell said a report of an accident was received at Enniscorthy Garda Station at about 10.30 p.m. and he headed to the scene, which was located 4km south of Ferns on a straight stretch of road.
Upon arrival, he saw a silver Volvo in a ditch. Having checked this vehicle, he then observed a silver Corolla further up the road on the opposite side.
He said that Bernie Weafer was in the passenger seat and was conscious. He put his hand in through a broken window to check Mr Brennan’s pulse but was unable to find one.
Shortly afterwards, the emergency services arrived at the scene.
Witnesses told Sgt Isdell of seeing the Volvo being driven at speed and passing out a number of cars, along with a convoy of three buses. With a car approaching from the opposite direction, the Volvo, which was driven by O’Brien, crashed into the rear of Mr Brennan’s car.
A witness on one of the buses said the bus shook as the car passed by, such was its speed. The driver of one of the three buses in the convoy said that Mr Brennan was driving well within the speed limit, while another bus driver said that they were coming from bingo in Courtown, which had been attended by James Brennan and Bernie Weafer.
The third bus driver described seeing the silver Volvo zig-zagging on the road, such was its speed.
Sgt Isdell told Judge Quinn that O’Brien, who was accompanied at the time by a teenager, fled the scene following the accident.
Sgt Isdell said that earlier that day in Wicklow town, O’Brien and the teenager were taken off a train travelling to Wexford. They walked to a nerby housing estate where they stole a Volvo S60 and travelled towards Arklow. They filled the vehicle at an Applegreen station in the town before fleeing without paying for the fuel.
They then continued south along the N11 at a high speed until they came up behind Mr Brennan’s car. They collided with the rear of the vehicle, driving it into the ditch.
After the crash, Ms Weafer was brought to Wexford General Hospital where she was treated for a fractured pelvis, head injuries, an injury to her right shoulder and lacerations.
As a result of her pelvic injury, she is unable to walk very far and is on medication, while her right shoulder remains frozen.
Sgt Isdell said O’Brien was arrested on February 9, 2016, and cautioned in relation to the accident.
While in his house, he became aggressive with gardaí and had to be restrained before been taken to Enniscorthy Garda Station. He again became aggressive in the station but subsequently calmed down. He declined to sign the memo of interview and also declined a formal identification parade.
A number of items were found in the stolen car while O’Brien’s DNA was found on a cigarette butt in the car.
Sgt Isdell said O’Brien subsequently left the jurisdiction but was later extradited back to Ireland on foot of a Europen
Arrest Warrant prepared on May 13, 2019.
The defendant, he said, had a number of previous convictions, including one for dangerous driving, three no insurance offences, 32 public order offences, seven theft and also assault and failing to appear in court.
Defence counsel Sarah Phelan SC, along with junior counsel Jacqueline Curran, offered their client’s apology to the families of both people involved in the accident.
Describing it as a terrible thing to happen, she said the defendant deeply regretted not taking full responsibility at the time.
Ms Phelan said she did not want to say anything that would distract from that apology, for she can say very little regarding the circumstance of what happened on the night.
She said there was a probation and welfare report before the court along with a psychological report and some clinical psychologists reports. She asked the court to bear in mind the influence of substance at the time of the accident.
The simple fact of the matter, she said, was that the defendant had a difficult history having earlier had a stable background up to the age of twelve, when his grandfather passed away.
A witness on one of the buses said the bus shook as the car passed, such was its speed
While in prison, O’Brien has taken up several courses and has attained certificates, Ms Phelan said.
Describing it as a very serious offence of dangerous driving causing death, and also causing serious harm, Judge Quinn said the defendant was the driver of a stolen vehicle. Both Mr Brennan and Ms Weafer had been out enjoying a social night and were on their way home when this accident occurred, he said.
The defendant left the scene, and subsequently left the jurisdiction, before been extradited back to Ireland to face these charges. Also, he had a number of previous convictions, the judge noted.
The mitigating circumstances were that, albeit late, O’Brien offered his apologies to the families and also to the gardaí. He said he would take into account the various reports before the court, including a report from the Prison Governor. He said he would also take into account the victim impact statement of Caroline Donohoe. Judge Quinn said he would impose a seven-year prison sentence on the charge of dangerous driving causing death; a six-year concurrent sentence for dangerous driving causing serious harm to Ms Weafer; and two six-month concurrent sentences on each of failing to remain at scene of accident, and no insurance.
Judge Quinn also disqualified the defendant from driving for 15 years on the no insurance offence.
On the seven year sentence he said he would suspend the final twelve months on the defendant entering into a bond of €200 to keep the peace and be of good behaviour for twelve months on his release.
Judge Quinn also said he would backdate the sentence to May 3, 2019. He granted counsel free legal aid should they consider an appeal.