A judge has restored early the driving licence of a man whose careless driving caused the death of Estlin Wall (3) six years ago.
At Ennis Circuit Court on Tuesday, Judge Francis Comerford restored Senan O’Flaherty’s (66) licence despite Garda objections.
In April 2020, as part of his sentence at Ennis Circuit Court, a four-year driving ban was imposed on Mr O’Flaherty, of Lower Gowerhass, Cooraclare, Co Clare, for careless driving causing the death of Estlin Wall on March 15th, 2017 – a number of days before Estlin was due to celebrate her fourth birthday.
In court on Tuesday, Judge Comerford deferred the restoration of Mr Flaherty’s licence until April 10th out of respect for the upcoming sixth anniversary in March of the fatal crash and Estlin’s birthday at the end of March.
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The March 2017 crash left Estlin’s father, Vincent, unconscious for a number of weeks in hospital. He missed his daughter’s funeral and continues to recover from a brain injury sustained in the crash.
At Ennis Circuit Court in April 2020, Judge Gerald Keys imposed a €750 fine on Mr O’Flaherty, a small farmer, for careless driving causing the death of Estlin Wall on March 15th, 2017. Judge Keys also imposed a €750 fine on Mr O’Flaherty for careless driving causing serious bodily harm to Mr Wall on the same date near the village of Inagh.
[ Parents of girl (3) killed in crash ‘facing life sentence of pain and sorrow’Opens in new window ]
Imposing sentence, Judge Keys said Mr O’Flaherty’s culpability was low and “at the bottom end of the spectrum” in the crash.
However, the DPP successfully appealed the undue leniency of the sentence and a three-judge Court of Appeal in January 2021 imposed a 16-month sentence on Mr O’Flaherty but suspended the entire term on condition that he be of good behaviour for two years.
The court found that the trial judge was wrong to place Mr O’Flaherty’s culpability at the lower end of the scale with Ms Justice Isobel Kennedy saying he was at the “upper end” and that his blameworthiness was more significant than that identified by the judge. The court upheld the €1,500 fine and a four-year driving ban.
Prior to making his ruling on Tuesday, Judge Comerford told the court that he didn’t wish to add the tiniest element of distress on the Wall family because their distress is so great from “their cataclysmic loss” in March 2017.
Mr O’Flaherty’s four year ban was due to expire in April 2024 and in restoring his licence one year early, Judge Comerford said that he was attaching particular weight to the evidence of Mr O’Flaherty’s diagnosis of leukemia 18 months ago.
In his ruling, Judge Comerford stated that Mr O’Flaherty has complied with court orders and was someone of good character before the accident.
Judge Comerford said that he didn’t pay particular weight to the need for Mr O’Flaherty to have his licence back to allow him get back to work as a bus driver.
Today was the first time in the entire courts process concerning the fatal crash that Mr O’Flaherty gave sworn evidence.
While in the witness box, Judge Comerford put it to him that his driving “did cause terrible damage”.
Judge Comerford asked Mr O’Flaherty: “How do you feel about that?”
In response, Mr O’Flaherty said: “What can I say? Anybody that loses a child your honour, it is sad. I was 40 years driving, that is all I can say.”
Mr O’Flaherty said that if he can get his licence back, there is work available. He said that, due to his leukemia diagnosis, he is “hiring cars, hiring people, private transport to make medical appointments”.
Objecting to the licence restoration, Det Garda Ruth O’Sullivan said that gardaí were objecting “due to severity of the incident and the continuous impact on the Wall family”.
In a statement outside court after the hearing on behalf of Estlin’s parents, Amy and Vincent Wall, Amy said: “To say we are saddened by the court’s decision today would be a massive understatement.
She said: “Having to stay off the road for a mere four years felt like a small price to pay. Senan O’Flaherty has never expressed remorse.
“All we can do now is go home, hug our surviving children and cry for our sweet daughter who deserved so much better than the supposed justice system has given her.
“We are horrendously disappointed but nothing that was going to happen here today or throughout this entire process would have ever brought Estlin back and all we can now is move forward and never have to be in a room with him again.”