Judge cites tragic death of two teens as he bans driver for six months for not wearing seat-belt
A judge has banned a 56-year old west Clare man from driving for six months after he was found not to be wearing a seat belt while driving.
At Ennis District Court, Judge Patrick Durcan imposed what he called the ‘severe’ penalty on Stephen Downes after referring to the circumstances around a fatal road traffic collision in Ennis last April where two Clare teens died.
An inquest into the double tragedy was held in Ennis last week and evidence was heard from six witnesses that neither Darragh Killeen (19) or Oisín Cahill (18) were wearing seat belts when the car that Mr Killeen was driving lost control at an estimated 128kmph in a 50kmph zone and crashed into a pillar at Woodstock, Ennis.
Mr Cahill died at the scene and Mr Killeen died a number of days later while the only survivor of the single vehicle crash, back seat passenger, Enda Hickey suffered head and leg injuries.
A number of first responders stated that none of the three occupants of the car were wearing a seatbelt, though this partly contradicted by the first man on the scheme, local resident, William O’Doherty who said that Mr Killeen was wearing a seat-belt.
In imposing the drive ban on Mr Downes of Ballyvaskin, Miltown Malbay in court, Judge Durcan referred to the teens’ double tragedy.
“If anything good is to be achieved from their deaths, it is to show the dangers of driving without a seat-belt”.
Judge Durcan has a hard-line policy on those drivers who don’t wear seat-belts and he imposed a six month driving ban on Mr Downes and also imposed a €400 fine for not wearing a seat-belt.
Mr Downes was detected driving without a seat-belt at Clonboney, Miltown Malbay in west Clare on April 22nd 2018.
Judge Durcan also imposed a four month jail term on Mr Downes and disqualified him from driving for five years after he was found to be driving uninsured on the date.
Mr Downes had a number of previous convictions for driving without insurance and he has appealed the sanctions to the circuit court and he remains a free man pending the appeal.
Director of Consumer Affairs with the AA, Conor Faughnan said: “To the ordinary lay person, a six month driving ban for no seat belt does appear to be a very severe punishment, but we have to trust judges to judge where they consider all of the circumstances."
Mr Faughnan said: “The judge in this instance is right to highlight the need to wear a seatbelt. There is nothing trivial about the offence. It is very easy to obey and the consequences of not wearing a seat-belt can be catastrophic.”
