Man whose careless driving caused death of girl, 3, seeks licence restoration before ban is served

Amy and Vincent Wall with a photograph of their daughter Estlin after the inquest into her death, which was held in June last year. Picture: Colin Keegan/Collins Dublin

A mother has said that learning the man whose careless driving caused the death of her three-year-old daughter is looking to get back driving before his ban is served “is another dagger in the heart”.

Amy Dutil-Wall was speaking concerning an application lodged with Ennis Circuit Court office on behalf of Senan O’Flaherty of Lower Gowerhass, Cooraclare, Co Clare, that he wants his licence restored before his four-year driving ban is served.

In April 2020, as part of his sentence at Ennis Circuit Court, a four-year driving ban was imposed on 65-year-old O’Flaherty for careless driving on March 15, 2017. Estlin Wall died three days later. 

The circuit court office in Ennis declared O’Flaherty’s licence restoration application invalid and returned it to his solicitor as he has not yet served two years off the road and the matter was briefly mentioned at Ennis Circuit Court this week.

However, it is open for farmer and former truck driver O’Flaherty to make a fresh application from next month where he can apply to get his licence back after serving two-thirds, or 32 months, of the driving ban and, if successful, he may be back driving in early 2023.

A Garda liaison officer informed Estlin’s parents of O’Flaherty’s confirmed aim of seeking an early restoration of his driving licence this week.

The invalid application followed only days after the fifth anniversary of Estlin’s death on March 18, 2017, and Ms Dutil-Wall said the timing of the application “was particularly hurtful”.

'Very shocked'

“We were very shocked to hear that this was happening and shocked that this is even an option that this man doesn’t have to serve the four-year driving ban,” said Ms Dutil-Wall.

In court in April 2020, on hearing of the four-year driving ban imposed on O’Flaherty, Ms Dutil-Wall said from the body of the court: “That’s how old my daughter was — four years.” 

“He only got a four-year driving ban and we were just heartbroken that there was such little value placed on Estlin’s life in terms of the consequences of his actions that day.

“To us, the four-year driving ban didn’t seem like much of a hardship in the first place compared to what we have lost. We feel very passionately that he should have to do the full four years.

“I can’t imagine what frame of mind you would have to be in to think ‘well, I don’t deserve four years off the road for my driving that killed a child. I should really have to do less and get back on the road’.

“To think that the person responsible doesn’t believe that he should have to do four years off the road is incredibly upsetting for us.”

Ms Dutil-Wall urged the State to oppose any future court application for the early restoration of O’Flaherty’s licence.

“We would like to be in court when that application comes and let the court know our feelings. We are not going to sit back silently and let it happen. It is completely wrong to give this person back his driver’s licence.” 

'Just not fair'

Ms Dutil-Wall said O’Flaherty “has shown us no remorse whatsoever and I believe that it is just not fair that he should not have to serve his driving ban which was pretty measly in the first place”.

Estlin’s father, Vincent, suffered a brain injury in the crash. He said he was ‘furious’ when learning that O’Flaherty wants to get back driving before the expiry of his ban.

“Four years should be four years," said Mr Wall. "This man must have no clue of the pain he has caused to be trying to get back on the road.

“I am shocked that the law allows those banned off the road to seek an early return to driving, it doesn’t make sense.”

Mr Wall said that O’Flaherty attempting to get an early return to driving “was completely unexpected; you expect if someone receives a four-year ban that it means a four-year ban”.

The couple and their young children, Mannix and Lucie, along with extended family last weekend marked the fifth anniversary of Estlin's death by planting a tree in her memory.

Ms Dutil-Wall said that “it was lovely” and this Sunday the family will celebrate what is Estlin’s ninth birthday. 

“With the good weather, we hope to do something ‘beachy’ on that day. Estlin loved the beach. It would be a nice way to spend her birthday,” said Ms Dutil-Wall.