Drink driver avoids jail after crash victim pleads with judge for leniency

A DRINK-DRIVER who smashed into a couple driving along at The Leap, Clonroche, on September 20 of this year, has been spared being stuck in jail for Christmas after the injured party told the court he had no wish for him to be incarcerated.

Thomas Murray (58) of Charlesfort House, Tombrack, Enniscorthy, pleaded guilty to drink driving, returning a reading of 76mg of alcohol per 100ml of breath, and dangerous driving following the horrifying smash.

Injured party, Mr Pádraig Ryan from New Ross, was called to give an impact statement to the court and was evidently still carrying the scars of the event, taking some time to enter the witness box on crutches.

Mr Ryan said that the incident had had a bad effect on both he and his wife, who was his passenger on the day in question, from both a physical and mental point of view.

He said that on the day in question, the car being driven by Murray appeared in front of him on the wrong side of the road. Mr Ryan said he swerved and aimed for the ditch, but the other vehicle did the same and he again attempted to swerve back out to the road, but it was too late and the cars collided head-on.

‘We were driven twenty yards backwards,’ he said. ‘I didn’t think we’d survive it. My wife was unconscious and the car was filling with smoke and steam. We were trapped. I managed to crack the door open and shout for help.’

Mr Ryan told the court how the horrifying ordeal had been prolonged as they were trapped in the car from when the incident occurred at 8.30 p.m. to 10.40 p.m.

‘The emergency services were quick on the scene,’ he said. ‘My wife was slipping in and out of consciousness and we had no idea just how bad things would be. We spent five to six days in Wexford General afterwards and we’re still suffering physically, financially and mentally. It’s only down to our children and our wonderful family that we’ve come through this as well as we have.’

Mr Ryan outlined how both he and his wife suffered several broken bones. He himself suffered a broken shoulder and several broken bones in his feet. He was unable to get around until someone donated him the use of an electric wheelchair for the first couple of weeks.

Solicitor Conal Boyce said that his client wished to apologise profusely for the damage cause and pointed out that his client had no previous convictions and pleaded guilty in a bid to avoid any further undue stress on the injured party caused by giving evidence and being cross-examined. Judge Gerard Haughton told the court he would take time over lunch to consider an appropriate penalty.

When he returned, Judge Haughton said: ‘Mr Ryan and his wife sustained very serious injuries and it must’ve been extremely traumatic for them to be trapped in the car for over two hours. Mr Murray is definitely lucky not to be facing a charge of dangerous driving causing serious injury. This is a very serious case of dangerous driving and drink driving.’

Judge Haughton then opted to hand Murray a four month prison sentence on each of the two charges and ban him from driving for six years.

At this point, defence solicitor Mr Boyce said that the injured party had met with his client before the case resumed, giving him the chance to apologise profusely in person. He said that Mr Ryan had graciously said that ‘he didn’t feel his situation would be in any way enhanced by the loss of Mr Murray’s liberty’. Mr Boyce, therefore asked Judge Haughton to consider suspending the sentence, pointing out that his client had no previous convictions and was unlikely to come before the court again.

‘I appreciate you not raising this issue until I had made my decision,’ the Judge said. ‘Under the circumstances, I will somewhat reluctantly suspend the sentence on the condition that he enter a bond to keep the peace for two years. He can thank the injured party for that.’

At this point, Judge Haughton realised that Mr Ryan was still in court. ‘There’s nothing to be gained from it,’ he told the Judge when asked if this was how he felt. Judge Haughton complimented Mr Ryan on his merciful attitude and told him that were it not for his words, Murray would most certainly be looking at a custodial sentence. He wished Mr Ryan and his wife all the very best in their recovery.