Licence restored to driver whose careless driving caused death of three-year-old Estlin Wall

Four-year driving ban was imposed on farmer in 2020 as part of his sentence for careless driving causing the death of Estlin Wall on March 15, 2017

Amy and Vincent Wall with a photograph of their daughter Estlin after the inquest into her death, which was held in June 2021. Picture: Colin Keegan/Collins 

A judge has restored, despite Garda objections, the driving licence of the driver whose careless driving caused the death of a toddler in Clare six years ago.

In April 2020, a four-year driving ban was imposed on Senan O’Flaherty of Lower Gowerhass, Cooraclare, Co Clare for careless driving causing the death of Estlin Wall (3) on March 15, 2017 - a number of days before Estlin was due to celebrate her fourth birthday.

Yesterday Judge Francis Comerford restored the licence of Mr O'Flaherty (66) at Ennis Circuit Court. 

Outside court after the hearing, Estlin's mother, Amy said: "We are beyond devastated that once again, the justice system has not valued the life of our beautiful daughter, Estlin. Nor has it valued the life-changing injury that my husband will battle for the rest of his days.” 

In court Judge Comerford initially deferred the restoration of Mr O’Flaherty's licence until March 20 out of respect for the upcoming sixth anniversary of the fatal crash.

After a plea from Amy Wall from her seat at the back of the court to defer the restoration until what would be Estlin's 10th birthday date at the end of March, Judge Comerford deferred the restoration of Mr O’Flaherty’s licence until April 10.

Amy was seated with her husband, Vincent who today continues to recover from a brain injury he sustained in the crash.

Prior to making his ruling, Judge Comerford told the court that he didn’t wish to add the tiniest element of distress on the Wall family because their distress is so great from “their cataclysmic loss” in March 2017.

Mr O’Flaherty’s four-year ban was due to expire in April 2024 and in restoring his licence one year early, Judge Comerford said that he was attaching particular weight to the evidence of Mr O’Flaherty’s diagnosis of Leukemia 18 months ago.

In his ruling, Judge Comerford stated that Mr O’Flaherty has complied with court orders and was someone of good character before the accident.

Judge Comerford said that he didn’t pay particular weight to the need for Mr O’Flaherty to have his licence back to allow him get back to work as a bus driver.

“I’m not sure Mr O’Flaherty was given much credit in the other courts for the remorse he was expressing. It wasn’t in the forefront of his mind in this application. Rather he is concerned with his own circumstances and I suppose with time, that is what happens.” 

Det Garda Ruth O’Sullivan said that Gardai were objecting to the licence restoration “due to severity of the incident and the continuous impact on the Wall family”.

In a statement outside court after the hearing on behalf of Amy and Vincent Wall, Amy said: “To say we are saddened by the court’s decision today would be a massive understatement.

“Throughout this entire process, we have always felt that the courts have treated Senan O’Flaherty as a victim too, even though it is his actions alone that have found all of us here today. And for those actions, there must be consequences."

“Having to stay off the road for a mere four years felt like a small price to pay. We are one month from the sixth anniversary of this nightmare beginning and this has brought all the emotions from that horrific time back up to the surface.

She added: “Senan O’Flaherty could’ve quietly served his short sentence and left us to grieve in peace. But instead he’s selfishly thought only of himself and insisted on reopening our wounds and today he has been rewarded for that.

“All we can do now is go home, hug our surviving children and cry for our sweet daughter who deserved so much better than the supposed justice system has given her.” 

Amy Wall also said: “He took the stand today and for the first time in the entire experience we heard him speak and the judge gave him ample opportunity to finally apologise to our face and he chose not to and I think that says everything about Senan O’Flaherty.” 

At Ennis Circuit Court in April 2020, Judge Gerald Keys imposed a €750 fine on Mr O’Flaherty for careless driving causing the death of Estlin Wall on March 15th 2017.

Judge Keys also imposed a €750 fine on Mr O’Flaherty for careless driving causing serious bodily harm to Mr Wall on the same date near the village of Inagh.

Imposing sentence, Judge Keys said that Mr O’Flaherty’s culpability was low and "at the bottom end of the spectrum" in the accident.

However, the DPP successfully appealed the undue leniency of the sentence and a three-judge Court of Appeal in January 2021 imposed a 16-month sentence on Mr O’Flaherty but suspended the entire term on condition that he be of good behaviour for two years.

The court found that the trial judge was wrong to place Mr O’Flaherty’s culpability at the lower end of the scale with Ms Justice Isobel Kennedy saying he was at the “upper end” and that his blameworthiness was more significant than that identified by the judge.

The court upheld the €1,500 fine and a four-year driving ban.