Race death tragedy man remanded for sentencing

A man whose car racing with another man on the M50 led to the death of three men, including a priest, has been further remanded on bail for sentence by Dublin Circuit Criminal Court on July 7.

Fr David Boylan, aged 35, in his Opel Vectra, and the two occupants of the other car in the 'race', Robert Fitzsimmons, aged 27, and Jason Nugent, aged 19, died when one of the cars lost control.

Father Boylan was driving his Opel Vectra on the other side of the motorway when the out of control car hit his car.

The two cars racing each other hit speeds of up to 170 km/ph on the motorway, the court heard when evidence was given on November 10 last.

Ernest Gore, from Dingle Road, Cabra, Dublin 7, the then 18-year-old driver of the second 'racing' car, pleaded guilty to reckless endangerment on March 11, 2001.

He had no previous convictions then but has since been convicted twice of driving without insurance in incidents that predated this accident.

Judge Desmond Hogan, who had previously adjourned the sentence to allow the involvement of the Probation Services primarily in consideration of Gore's age, agreed to a further adjournment to allow the preparation of medical reports on him.

"It's not satisfactory at all," Judge Hogan told Gore's counsel, Mr Brendan Nix SC. He said, however, that he was giving "one last chance" and the case had to be finalised on July 7.

He noted that relatives of the victims' families suffered further from such adjournments.

Det Garda Brendan Bergen told Ms Mary Rose Grearty BL, prosecuting, previously that there had been a competition between Gore and Mr Fitzsimmons over who had the faster car.

Mr Fitzsimmons had been drinking that night and both decided to have a race to decide the issue.

The two cars, a Toyota Starlet containing Gore and his girlfriend, and a Toyota Corolla, with Mr Fitzsimmons and Mr Nugent, sped off towards the Blanchardstown Road south and then on to the Navan Road, before they both ended up on the M50, northbound.

Det Garda Bergen said the race started at about 9.40pm and a number of people witnessed the cars hit speeds of up to 170 km/ph, using the full width of the motorway, including the hard shoulder.

Mr Fitzsimmons lost control of his car as they were approaching the slip-road at Finglas and hit a Toyota Hyundai that contained two adults and two young children.

The Hyundai was put into a 360 degree spin and Mr Fitzsimmons' car careered across to the other side of the motorway and ploughed into Fr Boylan's car, which was heading southbound.

Det Gda Bergen said both cars were completely destroyed and Mr Fitzsimmons and Mr Nugent were killed instantly.

Fr Boylan died a short time later in hospital. Gore then also hit the Hyundai but both drivers were able to bring their cars to a halt.

At the scene Gore blamed Mr Fitzsimmons for the accident and said he didn't know who the people in the Corolla were but they just wanted to race him.

The following day he made a statement to gardaí but refused to accept any responsibility for the accident. However, a number of days later he was arrested and admitted agreeing to the race.

Det Gda Bergen added that the race only lasted about 15 minutes but all the families involved had been left completely devastated.

Fr Boylan was the oldest of four and was the rock that the rest of his family relied on.

Gore's mother said her son had been completely changed since and hadn't driven a car for two-and-a-half years.

He was very sorry for what happened and not a day went by that he didn't think about it.

Gore tearfully told the court: "I was only 18 and young and stupid. I don't know what got in to me. I was never involved in anything like that before and don't think I will ever drive again."