Donegal man jailed for four years for dangerous driving causing death

A BUNCRANA man has been jailed for four years after careering into another vehicle while “heavily intoxicated” causing the death of a pensioner.

Shaun Duffy’s actions claimed the life of  Letterkenny man, Mervyn McClure, from Lurgy, who was ejected from his vehicle landing on the pavement beside the roadway.

The accused, with an address at Trillick, was three times over the legal drink driving limit when the accident occurred three years ago.

Imposing sentence at Friday’s sitting of Letterkenny Circuit Court, Judge John Aylmer also disqualified the accused from driving for a period of ten years.

A moving victim impact statement was read out in court by a sister of the deceased, Linda McBride, on behalf of herself and her two siblings, Derek and Cecil.

The statement had underlined the “devastating impact” the death of Mr McClure had on his siblings, Judge Aylmer pointed out.

The court heard that the accused had reverted to alcohol abuse following the tragic death of his 19 year old son in 2020.                    

Judge Aylmer also heard that Duffy had six previous convictions for drink driving offences.

Defence counsel, Simon Gillespie, B.L. told the court that the accused had asked him not to say anything that would cause any further hurt or distress to the McClure family.

Outlining the events of the day in question, Sgt. Maurice Doyle said the accused had crossed into the pathway of the van being driven by Mr McClure who was returning home after helping out a neighbouring farmer.

Judge John Aylmer.

Three vehicles in total had been involved in the collision which occurred at Sharon Glebe between Newtowncunningham and Manorcunningham on July 5, 2022.

A French woman and her son had been travelling behind the deceased’s Volkswagen Caddy when she recalled a “bang” after her vehicle, a Seat Ateca, had collided with the back of Mr McClure’s van.

The accused had been driving from the other direction when he passed over to the incorrect side of the road.

Duffy’s Volkwagen Golf had subsequently ended up some 28.61 metres away from the point of impact.

When Gardaí arrived at the scene they detected a strong smell of intoxicating liquor from the accused while his speech was also slurred.

Mr McClure was removed from the scene but passed away in hospital.

A blood sample reading from the accused showed a concentration of 176 milligrammes of alcohol per 100 millilitres of blood.

He was arrested and during a second interview “opened up” about the accident stating that he recalled driving through Kilmacrennan but did not remember coming through Letterkenny. He told Gardaí he had drank three pints earlier.

He remembered lying down beside the injured party at the scene in an effort to help.

Judge Aylmer imposed a five year sentence but suspended the final 12 months on condition that the accused entered a bond to keep the peace and be of good behaviour.

The accused was also disqualified from driving for ten years.

As the McClure family left following the sentence and the accused was led away to begin his sentence, his wife wept at the back of the courtroom.