DPP appeals sentence for driver over car crash that killed girl (3)
THE Director of Public Prosecutions (DPP) has appealed against the sentence imposed on a truck driver for careless driving causing the death of Estlin Wall (3) and serious bodily harm to her father, Vincent, three years ago.
The DPP is claiming that the sentence imposed by Judge Gerald Keys last month at Ennis Circuit Court on Senan O’Flaherty (63) of Lower Gowerhass, Cooraclare, “is unduly lenient”.
In his sentence, Judge Keys imposed a €750 fine on farmer Mr O’Flaherty for the careless driving causing death of Estlin Wall, and a €750 fine for careless driving causing serious bodily harm to Mr Wall on March 15, 2017, near the village of Inagh.
Judge Keys – who retired this week – also imposed a mandatory four-year driving ban on Mr O’Flaherty.
Imposing sentence, Judge Keys stated that Mr O’Flaherty’s culpability was “at the bottom end of the spectrum”.
The DPP appealed the sentence after Estlin’s parents, Vincent and Amy Wall, wrote a letter.
Mr Wall yesterday welcomed the DPP’s decision to appeal the sentence.
He said: “It is great that the DPP has appealed. I am very happy with that and we feel vindicated.
“I don’t think we ever had high hopes that the trial or the court experience would make us feel that justice had been done, but after the sentence we were in shock as we never expected coming away that there would be an injustice. It was quite deflating.”
Mr Wall said Amy had their third child, a baby girl, Lucie, last week at the maternity hospital in Limerick. They got the call confirming the DPP appeal shortly after arriving home with Lucie.
Mr Wall said: “Our mind was elsewhere, but the importance of it definitely struck us.
“We are home now with Lucie and back into our cocoon and very happy to be new parents of our third child.”
He went on: “It is definitely a happy situation, but it quite sad as well – Estlin will never be forgotten.
“There was a lot of déjà vu having Lucie home – seven years ago, I was holding a newborn Estlin and it was bringing back those memories too, which is quite sad.
“But it is a balancing act of happy and sad.
“Overall, we are happy to be home and happy that everything went well and happy that the DPP will try to rectify that sentencing.”
On the letter to the DPP, he added: “I don’t think it had much influence on their decision, but it was important for me to get it off my chest.”