Family urges change in regulations after death of Stephen (21) in crash
A YOUNG man was killed in a car accident shortly after he had been given back his car keys despite the fact he had been arrested on suspicion of drink driving just three hours beforehand.
Stephen Byrne (21), Court, Monamolin, died at Ballinaclare, Ballycanew on June 23, 2016.
Garda Pat O’Doherty of Gorey Garda Station said at 5.25 a.m. he was called to the scene of a serious collision at a bend on the Wexford side of Ballycanew. He said he saw an artic lorry and trailer in a field and an overturned car on the side of the road.
Mr Byrne had been driving the car, he said.
Garda O’Doherty said he spoke to the lorry driver, Thomas Fortune of Ballycleary, Crossabeg who said that the car had been across the centre line when it came around the bend. He said he was sure the driver would correct the car but the collision occurred. Inspector Pat McDonald read the deposition of Mr Fortune who said that he had started work that morning at 4.55 a.m. driving a load of sand to Enfield in County Meath.
He said at 5.24 a.m. he was coming to the bend before O’Sullivan’s car sales when a car came around the bend at speed. He said that it was three quarters way over the centre line on to his (Mr Fortune’s) side of the road.
He said he touched his brakes but there was an instant impact. He lost control of the lorry and was being moved along by pure momentum. He said the car didn’t seem to be slowing down.
Mr Fortune said he had been travelling at about 75 km/h prior to the crash.
He said when he came to a stop in the field he saw the car upside down in a ditch.
Sgt Stephen Ennis said that the road had been examined by forensic investigator Garda Tom Bolger who said that both vehicles were in good condition prior to impact. He also said that the DPP had not brought any prosecution against Mr Fortune.
Acting on behalf of the Byrne family, solicitor Anthony O’Gorman asked Sgt Ennis about Mr Byrne’s earlier arrest on suspicion of drink driving. Sgt Ennis said that Mr Byrne had been arrested at 2.05 a.m. on June 23 and released at 2.57 a.m. having provided a sample for analysis.
He said Mr Byrne had returned to the station at 5 a.m., two hours later, and requested his car keys which were returned to him.
Mr O’Gorman said that CCTV showed that Mr Byrne then made his way to the Amber Springs Hotel where he had parked up his car after being stopped by gardai.
Sgt Ennis agreed that the night porter of the hotel had contacted gardai shortly after 5 a.m. saying that Mr Byrne had returned to his car. He agreed that the gardai had taken no further action following this call.
Dr Fergus McSweeney, pathologist at Waterford Hospital, said death was due to severe trauma secondary to a road traffic accident. The blood alcohol level was 78 mg.
County coroner Dr Sean Nixon said it brought up the issue as to how much time should elapse before gardai return keys to people arrested on suspicion of drink driving. He said he didn’t believe there were any regulations in place on the matter.
Mr O’Gorman said ‘common sense’ should be applied. He said the night porter had ‘done a great service’ contacting gardai on the night but no action had been taken.
He said that Mr Byrne himself died in the accident ‘ but he could have killed others. In other jurisdictions a person wouldn’t get keys back. The family are looking for someone to contact the Minister saying that no keys should be given back to a drunken driver for a minimum of three hours but preferably six.’ Dr Nixon said that he would make that recommendation. He went on to say that he didn’t believe that Mr Byrne was aware of the impact. He imagined that the young man may have drifted asleep because there ‘was no attempt to brake or avoid the collision’.
The jury of six men returned a verdict of accidental death and also made a recommendation that the Minister for Transport be contacted to set down regulations about returning car keys.
Dr Nixon extended sympathy to the family and friends of Mr Byrne. Foreman of the jury, Billy Morris, and Inspector Pat McDonald also extended sympathy to the family on behalf of the jury and gardai.
Mr O’Gorman said the family were very grateful to everyone who had attended to Stephen on the morning of the accident.