A man in Co Clare has been jailed after admitting to "drinking all day" at a Christening celebration before crashing his car into a tree two years ago in an incident in which his girlfriend died.
At Ennis Circuit Court, Judge Francis Comerford jailed Damian McNamara (39) for two-and-a-half years for dangerous driving causing the death of his girlfriend, Stephanie Fitzpatrick (37), on February 19th, 2022.
McNamara, of Lissatunna, Ennistymon, pleaded guilty to dangerous driving causing death and to drink-driving at Cloonaveigh, Lahinch Road, Ennistymon.
In court, Garda Seamus Gleeson said McNamara was almost three times over the legal alcohol limit for driving when tested after he crashed his 2005-registered car into a tree at around 6.35pm after going off the main Lahinch to Ennistymon road.
The court was told the couple attended a Christening at Ennistymon Church at midday on February 19th, 2022, and from 1pm visited a number of pubs in Lahinch as part of the celebrations.
Garda Gleeson said a taxi was organised for the party at 6.10pm, but the couple instead left the pub. McNamara got into his car, which was parked on Main Street in Lahinch, and drove towards Ennistymon with Ms Fitzpatrick as a front seat passenger.
Garda Gleeson told the court that McNamara, who has no previous convictions and works as a green-keeper, did not use the car’s brakes before impact, and his black Volkswagen Passat ended up on its roof on the road following the main impact to the car’s passenger side.
Ms Fitzpatrick was pronounced dead at the scene at 7.25pm having died from multiple traumatic injuries.
'Distraught'
Garda Gleeson attended the scene and said McNamara was "in an agitated and distressed state and made numerous admissions about being drunk, drinking all day, killing his best friend and wanting to be locked up for 20 years".
The garda said McNamara and Ms Fitzpatrick were going out together for nine months, and Ms Fitzpatrick had moved in with McNamara a few months prior to the crash.
Garda Gleeson said witnesses said McNamara was "distraught" at the scene.
Garda Gleeson said McNamara failed a roadside breath test for drink-driving. Later, at 9.06pm at a Garda station, McNamara underwent an Evidenzer machine test for drink-driving, showing a reading of 62 micrograms of alcohol per 100 millilitres of breath.
In court, Judge Francis Comerford imposed a 38-month prison sentence with the final eight months suspended for dangerous driving causing the death of Ms Fitzpatrick.
Members of both families were in attendance at the sentencing hearing, where Judge Comerford said: "That may not seem a lot to the Fitzpatrick family, and may seem an awful lot to the McNamara family, but I do have to make a reasonable proportionate assessment of what the appropriate sentence should be."
Judge Comerford also imposed a seven-year driving ban, stating the fatal crash was caused by McNamara, who decided to drive after drinking alcohol.
"It wasn’t a marginal amount of drink, the level he was at when tested was almost three times over the limit," the judge added.
As far as culpability goes, it is very serious.
He said McNamara’s decision to drive while drunk and give a lift to someone he loved, placing her at risk, was all the more serious after deciding not to avail of a taxi that could have kept them safe.
"He was not in a fit state to drive and was badly affected by drink,” the judge said.
He added: "As far as culpability goes, it is very serious."
Judge Comerford said McNamara had shown genuine remorse, was of previous good character and had pleaded guilty, but "a significant sentence has to be imposed".
Ms Fitzpatrick's sister Marian made a victim impact statement to the court, asking that "the person responsible for my sister’s death be held accountable for their action and a just and fair sentence be delivered".
She told the court that the Fitzpatrick family miss Stephanie "beyond words", adding her death has devastated the family.
"She was beautiful and had a bright future ahead of her. That was taken from us by the defendant, and we wonder if he has any idea of the devastation he has inflicted on our family."
Describing Stephanie as "a bright, intelligent girl", Marian told the court: "Our mother has lost her youngest child. Stephanie’s death could have been avoided that day. It haunts me that Stephanie was trapped in the car and in pain she must have endured.
"There are no words to describe the void her death has left in our family. We will never get to hold her, hug her, or tell her how much we love her again."
Counsel for McNamara, Michael Collins SC, instructed by solicitor Daragh Hassett, told the court that the only aggravating factor in the case was drink-driving.
He said McNamara "will never forgive himself for what happened", and "repeatedly stated that he had lost the love of his life" at the scene following the crash.
Mr Collins said it was "a profoundly sad case" and that McNamara and Ms Fitzpatrick "both come from very decent families who are devastated by the loss this accident caused".
