Man gets three years for crash that killed his brother

A 47-YEAR-OLD man was yesterday given a three-year prison sentence after pleading guilty to dangerous driving causing the death of his brother, near Kilgarvan, Co Kerry, on December 17, 2006.

Tralee Circuit Court was told how a car driven by Thomas McDonagh, of Ladies’ Walk, Ballyduff, Co Kerry, and also with an address in Liverpool, crossed to its incorrect side, hit a rocky outcrop and turned over.

His 31-year-old brother, Martin, with whom he was said to be very close, was a passenger in the car and was pronounced dead at the scene.

Their car, which was being pursued by a Garda patrol car, reached speeds of between 120km/h and 140km/h going through the village of Kilgarvan, which has a 50km/h speed limit, the court heard.

The accused also pleaded guilty to driving with excess alcohol in his blood, to not having insurance or a licence and was disqualified for 20 years.

Judge Carroll Moran extended condolences to Martin McDonagh’s widow, Anne Marie, who has been left to care for the couple’s six children, the eldest of whom was nine at the time of the accident. She was five months pregnant when she lost her husband.

Thomas McDonagh, whose 47th birthday is today, is the father of 11 children ranging in age from 11 years to 23 years.

Senior counsel Brendan Nix, for Thomas McDonagh, said the accused had genuine remorse and was deeply sorry for the terrible tragedy he had brought on the family.

Mr Nix said the McDonaghs were members of the Traveller community in which the accused now found himself in a very lonely place.

“The family have hardened their hearts towards him and find it very difficult to forgive him for what happened,” he said.

Mr Nix also said the McDonagh family had been touched by tragedy on a number of occasions, with two brothers and a sister being killed in accidents.

In evidence, Sergeant Niall Crowley said the McDonaghs had been drinking in a pub in Kenmare on the evening of the accident. According Sgt Crowley, Thomas had eight or nine pints, but he admitted to having five or six.

They were seen driving erratically towards Kilgarvan, and gardaí in a patrol car followed them. Their car nearly collided with other vehicles and also crossed over the white line.

Sgt Crowley said gardaí decided it was too dangerous to try to keep up with the McDonaghs’ car. The crash occurred at Direenacullig, Kilgarvan, at about 11.30pm and gardaí were on the scene almost immediately.

Judge Moran said he had to impose a prison sentence because of the aggravating factors of excessive drink and speed.