A driver convicted of causing the crash that killed his girlfriend in Co Meath three years ago has been jailed for two and a half years.
Kenneth Darby (29), from Clonard, Co Meath, who had pleaded not guilty to a charge of dangerous driving causing the death of Jenna-eve Smyth (25) on June 18th 2016 on the Kinnegad - Enfield road, was convicted following a trial earlier this year.
During the trial the court heard the defendant’s car, a silver 04 VW Bora, had rounded a gentle sweeping bend in a snake-like motion and was on the wrong side of the road when it crashed sideways into the front of an oncoming black 05 Megane.
Ms Smyth had been the front seat passenger in Darby’s car.
Trim Circuit Court heard neither occupant in the defendant’s car had been wearing seat belts and a forensic collision investigator concluded the crash was due to driver error, as Kenneth Darby had lost control of the vehicle.
A later hearing was told the victim’s mother Breda had twice suffered strokes following the fatal collision and then a fatal heart attack just weeks after the trial.
Statements
Victim impact statements were read to the hearing by state prosecutor Carl Hanahoe BL on behalf of three of Ms Smyth’s sisters who described her as an energetic, vibrant and lovable person who had a smile for everyone and had only seen the good in people.
The impact on her mother of the crash and the trial could not be overstated said Carla Smyth.
“I believe if Jenna-eve was still alive Mum would be too,’ she said.
Defence barrister Damien Colgan SC told the court his client accepted the verdict of the jury and had instructed him to apologise on his behalf and express his remorse to the Smyth family for their pain and suffering.
His client was in a new relationship and had become a father in August, the lawyer added.
The court heard the defendant was held in high regard as a social care worker helping vulnerable adults live as normal a life as possible.
Offering her sympathy to the victim's family on their double loss at yesterday's sentence hearing Judge Martina Baxter said she accepted Darby's remorse was genuine.
The judge said the dangers of speeding and not wearing seatbelts were well publicised and there had been an obligation on Darby to have ensured his passenger was wearing one.
The judge added that as the road had been wet there had also been an obligation on the defendant to drive safely.
Judge Baxter sentenced Darby to three years with the final six months suspended and time allowed for the weeks he has spent in custody.
The judge also disqualified Darby from driving for 10 years.