Crash victim’s son asks judge not to jail driver

THE family of an American tourist who died following an horrific crash at a crossroads near Tralee appealed to a criminal court judge on Tuesday not to jail the young driver who was found guilty for the accident.

Aine Stack, a 23-year-old veterinary assistant from Bedford, Listowel, was found guilty by unanimous verdict of dangerous driving causing serious bodily harm to 67-year-old John Lenahan from Colorado who died 10 days after a crash at Clogherbrien, Tralee, in August 2013.

There were emotional scenes as Mr Lenahan’s son, Robert, read a victim impact statement at Tralee Circuit Criminal Court on Tuesday. He said the events of August 2013 had a traumatic impact on his family and losing a husband, a father and a grandfather in such an unnecessary way was hard to fathom.

“However, as a family, we believe Ms Stack’s intentions that day were not to kill my dad,” he said, asking that although her actions had led to his father’s death, her life should not be ruined and she should not be jailed.

“We believe, as a family, in forgiveness; my dad would as well,” he told Judge Thomas E O’Donnell.

Afterwards Mr Lenahan approached Ms Stack to speak with her and comfort her.

Ms Stack had pleaded not guilty to an initial charge of dangerous causing the death of John Lenahan on August 30, 2013 at Clogherbrien, Tralee.

Mr Lenahan, who died 10 days after the horrific crash, was a front seat passenger in the rental car driven by his son, Robert, who told the trial they had been discussing the pink sunset ahead of them when the accident occurred.

The trial took a dramatic turn on Friday, when the initial charge was amended to one of dangerous driving causing serious bodily harm. Medical evidence given in court related how Mr Lenahan’s condition improved after intensive care treatment but he died on September 10 due to sudden cardio collapse.

It emerged that State Pathologist Dr Margot Bolster had made a written submission in November 2014 stating that it could not be said “to the criminal standard of proof that this collision caused the death of Mr Lenahan,” the jury was told.

The court also heard the accident was a single error of a momentary nature. There were no aggravating factors, Ms Stack had never come to the attention of gardai, her vehicle was in good condition and there was no alcohol involved.

Judge Thomas E O’Donnell has adjourned passing sentence to Thursday.