Chronic depressive jailed after fatal crash
A chronic depressive who drank alcohol as well taking medication has been jailed for 18 months by Ms Justice Elizabeth Dunne for dangerous driving causing the death of a Galway woman.
Anthony Dean (aged 28) of Boyne Court, Harolds Cross and Cypress Downs, Templeogue cannot recall where he was going in the early hours of October 17, 2001 when he mounted the footpath at Mt Argus Road and his jeep crushed Ms Clodagh Doyle to the wall.
Ms Doyle (aged 22) of Threadneedle Road, Salthill, Galway suffered a fractured pelvis with some other injuries to her right thigh and died some days later in hospital from a septic infection as a result of an internal tear of her rectum which had not been picked up in the scans in hospital.
Dean was convicted of dangerous driving causing death by a jury at Dublin Circuit Criminal Court following a three-day trial in November.
Ms Justice Dunne disqualified him from driving for seven years and directed that he produce a certificate of fitness to drive before getting his licence returned.
Garda Frank Berry had earlier told prosecuting counsel, Mr Fergal Foley BL, that Dean had one previous conviction in 1999 for drunk driving and was disqualified from driving for two years. This had expired at the time of the accident involving Ms Doyle.
Mr Kevin Doyle, the victim’s father, told Judge Dunne the family and her friends were all devastated by her death.
"No father or mother wants to bury a child. We have been through three years of a life sentence," he said.
He added that as a result of his daughter’s death he had no interest any more in material things and had retired from work.
"She was a very good, loving and caring girl and had a distinctive relationship with her grandmother," he said.
Ms Justice Dunne noted that the trial was run on the net legal issue of whether the tragedy was caused by an epileptic seizure and there was no denial by Dean of his involvement. She noted also that he has "a troubled history".
The judge said the jury had heard evidence of him driving at speed but not excessively so, that his alcohol intake was about half the legal limit and also that he had driven on the wrong side of the road shortly before the accident.
"I take the view that he should not have been driving because he had taken medication in relation to his depression and then had consumed alcohol which he should not have done. That is an aspect I must take into consideration,", she said..
Dean, a father of one, told the jury that he had no memory of being in his jeep before the accident other than seeing "bright lights" in his eyes before the accident and this had annoyed him.
Mr Brendan O’Brien, a Bus Atha Cliath driver, told the jury he was going to his depot when he saw a jeep approach him on its wrong side. He flashed his lights and the jeep moved over.
Gda Berry said he got a smell of drink from Dean at the scene of the accident and arrested him on suspicion of driving while intoxicated but the alcohol test revealed he was more than half under the legal limit.
Mr Patrick Plunkett, consultant in emergency medicine at St James Hospital, said Ms Doyle was "very unwell" but conscious and lucid after she was admitted.
"She was afraid she might die," Mr Plunkett said. X-rays and a CT scan revealed she had a badly-fractured pelvis. Her injuries were serious and life-threatening as a result of the accident.
Mr Plunkett said he gave instructions at 2.30am on October 17 for her treatment. She was moved to the orthopedic department and he learned she died on October 20.
Mr Plunkett agreed with defence counsel, Mr Conor Devally SC (with Mr Shane Costelloe BL) that the cause of Ms Doyle’s death was an infection arising from a internal tear of her rectum which had not been picked up in the scans.
