A man with six previous drink-driving convictions has been sentenced to four years in prison for dangerous driving and disqualified from driving for ten years for causing the death of a pensioner in Donegal three years ago in a three-vehicle collision.
A car driven by 51-year-old Shaun Duffy crossed onto the wrong side of the N13 resulting in a collision with the van of Mervyn McClure, 70, who was travelling in the opposite direction on 5 July 2022.
Mr McClure of Lurgy, Letterkenny was driving home after helping a neighbouring farmer on the main Derry to Letterkenny road.
The car driven by Duffy of Trillick, Buncrana, crossed the white line to the opposite side of the N13 in the townland of Sharon Glebe, colliding with Mr McClure’s van.
The impact resulted in the car travelling behind Mr McClure’s being involved in a secondary collision.
Sergeant Maurice Doyle, who outlined the case to State prosecutor Ms Fiona Crawford, said the emergency services were contacted about 10.50pm that night.
Mr McClure was brought by ambulance to Letterkenny University Hospital, where he passed away.
Sgt Doyle said gardaà who attended the scene noted Duffy was wearing work clothes and they detected a smell of intoxicating liquor and noted that his speech was slurred.
A sample taken from Duffy showed a concentration of 176 milligrams of alcohol per 100ml of blood. The legal limit is 50mg/100ml.
Mr Duffy told gardaà that he remembered travelling through Kilmacreenan, but he did not remember travelling through Letterkenny on the night in question.
The court heard that Mr Duffy’s car, a Volkswagen Golf, was 2.42 metres on the incorrect side of the carriageway and that it came to a stop 28.61m from the point of impact with Mr McClure’s Volkswagen Caddy van.
Sgt Doyle told the court that Mr Duffy had seven previous convictions, including six previous drink driving convictions dating between the 1990s and 2005.
Duffy’s barrister, Mr Simon Gillespie BL, instructed by PA Dorrian, said his client has asked him to state his sorrow and remorse and not to say anything that would cause any extra hurt to the family of Mr McClure.
Mr Gillespie said Shaun Duffy will be forever burdened by the unimaginable guilt of his actions; however, he acknowledged that his pain and grief is only a fraction of what the family of Mervyn McClure has suffered.
Shaun Duffy has been jailed for four years and disqualified from driving for ten years (Pic: North West Newspix)
Loving family member and cherished neighbour
A sister of Mr McClure read a heartfelt and emotional victim impact statement on behalf of herself and her two brothers.
Linda McBride paid tribute to her brother, whom she described as a loving family member, a cherished neighbour and a dedicated farmer.
She said his commitment to farming the family farm was “unwavering”, adding that it was his way of life.
She said her brother had a gift of establishing connections and “always seemed to know who was married to who”.
Ms McBride said that the night her brother died will be etched in their hearts forever and that it has affected each member of their family.
She described how the absence of the cherished moments they once shared affected them.
“Sometimes without thinking – you go to call him and then you forget… Your heart skips a beat as reality sets in.”
Ms McBride said her brother was lying in the coffin the first time she got to see him after the collision.
“They had tried to cover his facial injuries with make-up, painted over broken skin but no amount of powder or foundation could hide what had happened,” she said.
She said a face that was once full of jokes and mischief looked unfamiliar. She added that no one should ever have to see their brother’s face like this.
“Mervyn didn’t get to say goodbye to us. None of us got to tell him we loved him. We didn’t get to comfort him to tell him it would be okay even if it wouldn’t be.”
Bereaved family ‘seek justice for Mervyn’
The family’s victim impact statement said that it affected them that they did not hear an apology for their brother’s death until it came before the court.
“If he had done this sooner, it may have helped us as a family understand what happened and to find some closure.”
Ms McBride thanked all those who helped their family following Mr McClure’s death including the ambulance service, the fire service, gardaà and neighbours.
“We remember him as an older brother and an uncle. This loss has changed our lives forever,” she said.
“No words can truly say how much we miss him … we miss his smile, his mannerisms and we still find it hard to believe he’s gone.”
Ms McBride said the family hoped that by sharing their story the court would understand the profound impact of the tragedy.
“We seek justice for Mervyn and hope that it serves as a reminder of the devastating consequences of dangerous driving.”
‘Cases such as these are exceptionally tragic’
Mr Simon Gillespie told the court that “cases such as these are exceptionally tragic”.
He said his client, Shaun Duffy, suffered the tragic loss of his only son, Shaun Jnr who was 19 years of age, five years ago.
He said Duffy, who has long term issues with alcohol, began to binge drink again after his son’s death and that he struggled to see the impact of his son’s death on his wife.
A letter from Duffy’s wife who asked the court for leniency said her husband was “her rock” and “a good man with a good heart” who will live with this forever.
She said their lives changed for the worse after the death of their child.
She said her husband turned to alcohol to block out his feelings and that he was the support for her grief.
A letter from Mr Duffy’s employer said that he had worked with him since 2012 and that he had helped him with his business and that “he was a friend to everyone he meets”.
He said Duffy came back a different man, “a lost man”, after his son’s death.
The court heard that Duffy suffered a breakdown when he heard Mr McClure passed away and that he has engaged in addiction counselling.
Sentencing
Judge John Alymer sentenced Duffy to four years in prison and disqualified him from driving for ten years.
Judge Alymer said the most aggravating feature was that Shaun Duffy was driving while heavily intoxicated to such extent of being incapable of having proper control of the vehicle.
He said that Duffy’s blood alcohol level far exceeded the legal limit and that his six previous convictions for drunk driving were also a further aggravating feature, although they were somewhat in the past.
Judge Alymer said the court heard a powerful victim impact statement and that it was clear that the consequences of the collision had a devastating impact on the siblings of Mr McClure.
He said the aggravating features placed the case on the upper end of the scale before he considered the mitigating circumstances.
The judge acknowledged that Duffy did his best to attend to the victim and that it was clear that he had remorse.
“Your offending weighs very heavily on you and that remorse is magnified by you had recently suffered the death of your son,” the judge said.
“You’re already finding it difficult to cope with that loss. You reverted to alcohol abuse to deal with the consequences.
“It was your struggle to bear the burden of that loss that you came to commit this offence while under the influence.
“You displayed a particularly strong victim empathy and a particularly strong understanding of the consequences for the siblings of the deceased.”
Judge Alymer noted that Duffy claimed to have abstained from alcohol from the start of this year.
“I know you engaged positively in victim and bereavement counselling, which is very much of your credit … I note you engage positively with probation service, placing you at low risk of reoffending.”
He reduced the seven-year sentence to five years considering the mitigating circumstance identified and suspended the final year, having regard to Duffy’s rehabilitation.
Mr Duffy was sentenced to a total of four years in prison and disqualified from driving for period of ten years from today’s date.