Man drove into victim over explicit texts to wife

Driver jailed for 18 months

A HUSBAND spotted sexually explicit texts on his wife’s phone and then drove to the sender’s home and smashed into him, causing the man serious harm. Gavin Heaphy, 24, was yesterday jailed for 18 months for dangerous driving causing serious harm. He apologised for what he said was a ‘spur-of-themoment’ attack.

The man who allegedly sent the texts had to have surgery to have steel removed from his body after Heaphy smashed into him.

The victim spent five days in hospital recovering. A woman standing nearby also had to receive treatment, for wrist injuries.

Garda PJ Roche told Cork Circuit Criminal Court how on May 27 last year, Heaphy saw sexually suggestive messages on his wife’s phone sent from a man.

Although a disqualified driver, Heaphy got in his car and went to the man’s home. The man was not to be found that morning so Heaphy parked his car and waited. When Heaphy saw him, he drove at speed down the road.

Garda Roche said Heaphy was unable to stop and went through a wall at the house.

The man he wanted to confront was injured as was a woman who was near the wall.

The man was taken to hospital where doctors had to operate to have steel removed from his anus, while the woman was treated for wrist injuries.

Both the man and the woman were given the opportunity to give victimimpact statements, but they declined.

Garda Roche said Heaphy was a committed family man who grew up in difficult family circumstances in Cork city. Heaphy moved to Mallow in order to stay away from trouble, the court heard.

Niamh Stewart, defending, said her client was not in a good place at the time of the offence arising out of depression and anxiety.

He made full admissions and was very remorseful for his actions. It was a ‘spur-of-the-moment’ incident, the court heard.

Judge Seán Ó Donnabháin said the fact that Heaphy failed to remain at the scene of the incident was a serious action in of itself.

He stated that the offence taking place against the backdrop of a disqualification in driving was very grave.

Judge Ó Donnabháin said Heaphy had a ‘disproportionate violent response’ to the texts.

‘Text messages are best dealt with by being deleted in most cases,’ he said.

The judge said Heaphy had ‘deliberately or recklessly lost control of his vehicle’.

Judge Ó Donnabháin acknowledged that Heaphy was from a ‘dysfunctional background’ and had worked hard to better himself.

Father-of-four Heaphy, of Woodview Drive in Mallow, Co. Cork, was sentenced to three years with 18 months suspended. He was also banned from driving for ten years.

‘Disproportionate response’