Laois man who caused death of care worker avoids jail

A Laois father-of-one has received a three year suspended sentence along with a fine and driving ban for dangerous driving causing the death of a nursing home care worker.

Andrew Keogh (aged 24) , of Carmody Way, Fairgreen, Portlaoise was driving his car with three passengers at 120 kilometres per hour in a 60 kph zone when he crashed into a car at the entrance to a caravan park.

Keogh, a former truck mechanic, pleaded guilty at Dublin Circuit Criminal Court to dangerous driving on April 21, 2006 at Mount Seskin Road, Brittas causing the death of 28-year-old Ms Sabrina Lynch.

Judge Katherine Delahunt told Keogh: "When dealing with a case like this its very difficult. Nothing can be done to ease the terrible pain of the Lynch family and the court must concentrate on finding a suitable penalty for you."

Judge Delahunt noted that the aggravating factors were that a death had occurred and Keogh had been speeding but said she did not feel the case fell into "the boy racer" category.

She said Keogh had entered an early plea, had no previous convictions and had not been drinking. She noted he had a good work history, and was a family man whose remorse was "genuine and continuing".

Judge Delahunt imposed a three year sentence suspended for five years , a seven year driving ban and a €2,500 fine.

Sergeant Liam Healion told prosecuting counsel, Ms Una Ni Raifeartaigh BL, that the accident between Keogh’s car and a Ford Fiesta, driven by the then boyfriend of the deceased woman, occurred at 8.30pm on a road with a speed limit of 60 km per hour in dry conditions with good visibility.

Ms Lynch, a care worker in a nursing home, had earlier collected her boyfriend, Mr Steven Brosnan, in her Ford Fiesta and they had driven to his mobile home in a caravan park off the Mount Seskin Road for dinner.

At 7.30 pm they decided to go to the shop for groceries but Ms Lynch was unable to start the car.

Sgt Healion said Mr Brosnan jump started it and he drove it to the entrance of the caravan park. Both had their seat belts on and were discussing whether it was best to turn left or right when Mr Brosnan saw a car "sliding towards us at an angle".

Mr Brosnan told gardaí that the oncoming car hit the passenger side of the Fiesta and the next thing he remembered was being upside down in agony with lots of people around.

Ms Lynch was taken out of the car to Tallaght Hospital but went into cardiac arrest later that evening and died at 10.35 pm despite efforts to save her life.

Keogh, formerly of Springbank, Saggart, told gardaí he was travelling at about 120 kph when he saw a Ford Fiesta pulling out of the caravan park with its front wheels and bonnet on the road.

He said he began to brake hard and tried to avoid the car but ended up spinning sideways and hitting it on the passenger side, turning the car on its side.

A census worker who was in the area observed the aftermath of the incident and said the collision appeared to have occurred while the Fiesta was still in the entrance of the caravan park. An engineer’s report also put the point of impact at the entrance of the caravan park.

Sgt Healion said Keogh had no previous convictions and there was no suggestion of drink driving or any auxiliary offences.

Sgt Healion agreed with Ms Ni Raifeartaigh that family and friends of Ms Lynch who were in court were devastated by the death of the young woman.

Sgt Healion agreed with defence counsel, Gerry O’Brien SC, that Keogh had offered apologies to the father of the deceased woman and had immediately admitted the speed he was travelling at to gardai.

Mr O’Brien said his client had asked him again to convey his "complete and absolute sorrow at the pain he has caused to the Lynch family."

Mr O’Brien said Keogh had previously shown a "completely unselfish side" in an incident where he had rescued a neighbour from her home after her car had been petrol bombed.

He said Keogh had suffered "depression and psychological and emotional damage" since the accident and no longer worked as a mechanic, now being employed as a van driver and kitchen fitter.

Mr O’Brien asked Judge Delahunt to consider the way his client had met the case, his early plea and co-operation with gardaí.

He said Keogh was "deeply sorry" and the tragedy had a knock on effect on his family who came from a respectable background and were in court to support him.