Driver already serving life term after causing eight deaths, say victims’ families

A man whose dangerous driving caused the worst traffic accident in the history of the State, resulting in the deaths of eight people, was yesterday sentenced to eight years after his original two- year sentence was found to be too lenient.

His sentence was upgraded despite pleas from the families of the eight dead men to free him as he was already serving “a life sentence” and their “own rehabilitation” could not begin until he was back among them.

Shaun Kelly, aged 27, of Hill Road, Ballymagan, Buncrana, Co Donegal, pleaded guilty at Letterkenny Circuit Criminal Court to dangerous driving causing the death of eight men on a road between Clonmany and Buncrana on July 11, 2010. He was sentenced to four years imprisonment with the final two suspended by Judge John O’Hagan in December last. He was also disqualified from driving for 10 years.

The Court of Appeal set aside Kelly’s sentence yesterday following a successful application by the Director of Public Prosecutions on grounds that it was “unduly lenient”.

Accordingly, the court resentenced him to eight years imprisonment with the final four suspended.

Giving judgment, Mr Justice George Birmingham said Kelly’s culpability was very high and the harm caused was enormous. The court fixed eight years as its starting point having regard to the multiple fatalities, the prolonged and persistent period of deliberate bad driving, overtaking in a dangerous fashion, failing to adhere to a warning from another road user, and Kelly’s previous conviction for dangerous driving.

There were significant mitigating factors present, such as Kelly’s youth and his plea of guilty. He had also sustained significant injuries and although there was disagreement as to their extent, Mr Justice Birmingham said it was not something that could be minimised.

He said the attitude taken by the families of the young men was “extraordinarily generous in their approach”.

It is clear there was real remorse, he said, and he referred to a document handed into court by one of the victims’ families that morning which stated that Kelly had “now served five-and-a-half years of a life sentence”.

Counsel for Kelly, Eoin McGoingal SC, asked the court to consider Kelly’s “pain of knowing he was completely responsible”.

Earlier, Mr Justice George Birmingham said the court had been asked to consider three documents handed into court by three of the victims’ families which “went beyond the traditional remit” of victim impact reports.

He reiterated a point made in the court’s judgment that the views of victims, while to be considered, could never be determinative of sentence. It was a public prosecution, brought by the DPP in the name of the people of Ireland, he said.

In the documents was a “desire for closure”. He said the court was conscious people travelled from Donegal but the “decision we have to take is a serious one”.