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Man behind worst car crash in history of State to spend four years in jail

Shaun Kelly has been sentenced to eight years in prison with the final four suspended.

Updated 3.55pm

A MAN WHOSE dangerous driving caused eight deaths has been sentenced to eight years imprisonment with the final four suspended following a finding by the Court of Appeal that his original two-year jail term was too lenient.

Shaun Kelly (27), of Hill Road, Ballymagan, Buncrana, Co Donegal, had pleaded guilty at Letterkenny Circuit Criminal Court to dangerous driving causing the death of eight men on a road between Clonmany and Buncrana on 11 July 2010.

PastedImage-69787 Niall Carson / PA Wire Niall Carson / PA Wire / PA Wire

He was sentenced to four years imprisonment with the final two suspended by Judge John O’Hagan in December last. He was also disqualified from driving for ten years.

The Court of Appeal set aside Kelly’s sentence today following a successful application by the Director of Public Prosecutions on grounds that it was “unduly lenient”.

Accordingly, the court resentenced him to eight years imprisonment with the final four suspended.

Giving judgment, Mr Justice George Birmingham said Kelly’s culpability was very high and the harm caused was enormous. It was the worst road traffic accident in the history of the State, he said.

The court fixed eight years as its starting point having regard to the multiple fatalities, the prolonged and persistent period of deliberate bad driving, overtaking in a dangerous fashion, failing to adhere to a warning from another road user and Kelly’s previous conviction for dangerous driving.

PastedImage-18752 PA Archive / Press Association Images PA Archive / Press Association Images / Press Association Images

There were significant mitigating factors present such as Kelly’s youth and his plea of guilty. He had also sustained significant injuries and although there was disagreement as to their extent, Mr Justice Birmingham said it was not something that could be minimised.

He said the attitude taken by the families of the young men was “extraordinarily generous in their approach”.

It’s clear there was real remorse, he said, and he referred to a document handed into court by one of the victims’ families that morning which stated that Kelly had ‘now served five-and-a-half years of a life sentence’.

He said the two-year suspended period imposed by the Circuit Court, “would not be inappropriate”.

However the court suspended a further two years in light of the “bitter disappointment” the outcome must have on somebody well into their sentence with a release date in sight and in light of documents handed into court by some of the victims’ families which was highly relevant in considering the time and circumstances of his guilty plea.

The court did not interfere with the 10-year disqualification because, the judge said, he had been earning a living in transport and increasing the disqualification “might hamper rehabilitation”.

Bond

Kelly was required to enter into his own bond of €100 to keep the peace and be of good behaviour while in custody and for four years post release.

When asked if he undertook to be so bound, he said “yes”.

The judge had said the court would ordinarily be minded to reserve judgment given the importance and seriousness of the case. But the court was conscious of the pressure the case had on all concerned and he proceed to impose sentence.

Victim impact reports

Earlier, Mr Justice George Birmingham said the court had been asked to consider three documents handed into court by three of the victims’ families which “went beyond the traditional remit” of victim impact reports.

He reiterated a point made in the court’s judgment that the views of victims, while to be considered, could never be determinative of sentence.

It was a public prosecution, brought by the DPP in the name of the people of Ireland, he said.

Mr Justice Birmingham said it would be “harsh and really quite insensitive” to refuse to accept them but it remained to be seen what weight would be attached to them.

What emerged from the documents was the “desire for closure”. He said the court was conscious that people had travelled from Donegal but the “decision we have to take is a serious one”.

‘All Shaun’s friends’

Counsel for Kelly, Eoin McGoingal SC, asked the court to consider the documents.

Mr McGonigal said it was an unusual case in the sense of its results: seven young people from the same area, a radius of 15 miles, who were “all Shaun’s friends” died and the devastation could not be understated, he said.

Donegal car crash funerals The coffin of Ciaran Sweeney is carried from his funeral at St Mary's Church in Clonmany PA Archive / Press Association Images PA Archive / Press Association Images / Press Association Images

He said the episode was reawakened every time the families meet and if rehabilitation was ever to come, it would not start effectively or properly until Kelly was released from prison.

He asked the court to consider Kelly’s “pain of knowing he was completely responsible”.

In giving the Court of Appeal’s judgment last month, Mr Justice George Birmingham said the Circuit Court judge had indicated seven years as an appropriate starting point had the trial been contested.

Mr Justice Birmingham said there were factors present in the case which “jusitified, indeed required” a sentence of lower than seven years.

However, the “double discounting” of the sentence from seven years to four and then suspending the final two “was not justified and amounts to an error in principle”.

He said the sentence represented a “substantial departure” from what would be appropriate and “must be set aside”.

World Cup 2010

Giving background to the incident which occurred on the night of the World Cup final 2010, Mr Justice Birmingham said Kelly got into his black Volkswagen Passat along with seven passengers.

There was evidence of what was described as high spirits with an amount of shouting and roaring and people getting in and out of the car.

Seat belts were not used and the belts in the front of the car were buckled down “presumably to stop the warning beeping from activating”.

There was evidence that the car sped out of Clonmany at high speed with a good deal of noise, screeching of tyres and the smell of burning rubber.

It was dusk and light was failing.

Witness statements

A number of witnesses described what happened next. A Mr James Gallagher described seeing a car in his rear view mirror approaching from behind at high speed.

Mr Gallagher said the car drove at speed very close up behind them before pulling out to overtake in a “jerky fashion” and then pulled off “as fast as it could in a reckless fashion”.

Mr Gallagher said he flashed his lights at the Volkswagen as he thought to himself that if the driver did not slow down, he was going to kill someone.

Another road user, coming in the opposite direction, driven by Ms Anne Gilloway, described a “big black car coming around a bend towards her” being “driven terrible fast” and that had come over the white line onto her side of the road.

She described seeing the driver turn the steering wheel and thought the car would miss her but the next thing she remembered there was a loud bang and the airbags activated.

The prosecution adduced evidence that the rear of Kelly’s car fishtailed into Mrs McGilloway’s car causing damage to it.

Kelly lost control of the car he was driving “completely” and collided with the car being driven by Mr Friel.

Mr Justice Birmingham said it was an “appalling case” with “very high” culpability.

It was not a single act of dangerous driving such as “taking a bend at too great a speed or overtaking when it was not safe to do so” but “a case of sustained dangerous driving.”

The consequences were “enormous, involving the single greatest loss of life in a road traffic collision in the history of the State”.

Furthermore, Kelly had a previous conviction for dangerous driving.

Mitigating factors

The combination of these factors meant that had the case been contested and resulted in a conviction, a sentencing court would have had to consider a sentence “close to if not quite at the statutory maximum” of 10 years imprisonment.

The case was not contested and Kelly was entitled to some limited credit for the plea, the judge said. However, the court could not agree with the sentencing judge that a plea entered after a jury had been sworn was “early”.

The DPP claimed “tactical decisions” were taken by the defence which undermined the subsequent plea “at the door of the court”, the judgment stated.

In late 2014, the defence indicated an intention to make a case based on Kelly’s unfitness to stand trial as well as intention to rely on engineering evidence which “sought to blame” another road user for the collision, the judgment stated.

The DPP accepted that in circumstances where Kelly had no memory of the incident, the defence was entitled to conduct its own inquiries but even making allowance for that the plea could not be regarded as a timely one, the judgment stated.

Mr Justice Birmingham said Kelly had displayed remorse and “there is no doubt that he will have to bear a lifelong burden arising from his actions on the evening in question”.

Donegal car crash funerals A guard of honour is formed by members of local football club, Illies, as a hearse carrying the coffin of Eamonn McDaid PA Archive / Press Association Images PA Archive / Press Association Images / Press Association Images

A further factor that required consideration was that a number of families of the deceased expressed a view that they did not want to see Kelly go to jail.

Mr Justice Birmingham said this was “not an easy issue to deal with”.

There must be many cases where a victim would like to see the perpetrator receive a lengthy sentence but “our system does not permit” the victim to advocate for that, the judge said.

The judgment questioned whether the situation was different where victims were advocating leniency.

Mr Justice Birmingham said the prosecution was brought in the name of the people of Ireland by the DPP and the views of family members could not “be decisive” in determining a sentence.

That is not to say the attitude of the families and in particular, Eamon Sweeney, father of the late Ciarán Sweeney, that a jail sentence would make it harder for his family, “is to be entirely ignored”.

“The views expressed militate against the imposition of an exemplary sentence.”

Read: Masked man bursts into church armed with sawn-off shotgun >

Read: Half of sex offenders to be released this year have undergone no treatment >

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    Mute Will Lynch
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    Dec 7th 2015, 4:37 PM

    He had previous convictions before this and didn’t learn his lesson. Shouldn’t be allowed drive again and 4 years is nowhere near long enough

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    Mute Larry Doherty
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    Dec 7th 2015, 5:47 PM

    And was caught driving at speed again after killing them.

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    Mute bettyswallocks
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    Dec 7th 2015, 6:16 PM

    Maybe another re trial for this sentencing being too lenient is on the cards.. He also only got a 10 year ban first time around, he should be banned for life

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    Mute Doctor Tickled
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    Dec 8th 2015, 4:35 AM

    Larry are you serious?? Insanity

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    Mute Enda Kenny
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    Dec 9th 2015, 12:03 AM

    a drunk driver who crashed into the scene of a road accident, killing a Garda and fireman, wasn’t even tried for their deaths February 25, 2007

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    Mute Jo45
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    Dec 7th 2015, 4:44 PM

    Sentence still far too low given his previous history and the number killed. Not even a year for each death will he spend behind bars.

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    Mute RTibe
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    Dec 7th 2015, 4:53 PM

    Much like that McArdle fella in Monaghan that killed his two friends and a pregnant woman in an oncoming car and was re-sentenced due to his original being too lenient. Seems like the justice system in this country makes a habit giving short sentences to those who take the lives of several people http://www.irishmirror.ie/news/irish-news/drunk-driver-kevin-mcardle-who-3230440

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    Mute Bobby Connolly
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    Dec 7th 2015, 4:55 PM

    A mitigating circumstance is his youth? ?? He’s 27….. old enough to drive, old enough to drink. Willing enough to do both at the same time. Ahh what’s the point. At this stage I’ve lost all confidence in our judicial system.

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    Mute Sinéad Breen
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    Dec 7th 2015, 9:07 PM

    I think this guy should be put off the road for good and serve a way longer sentence, but he wasn’t drinking at the time of the crash. Come to think of it, it’s strange how he abstained from drinking while his friends got drunk ( presumably because he was driving ) only to then drive like a maniac!?!

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    Mute Rehabmeerkat
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    Dec 7th 2015, 9:16 PM

    While I agree with your comment, he had no drink taken on the night of the crash

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    Mute Bob McShane
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    Dec 7th 2015, 5:13 PM

    This sentence doesn’t serve as a proper deterrent to others, at all. Isn’t that meant to be a function of sentencing?

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    Mute Jack Bowden
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    Dec 8th 2015, 5:19 AM

    No one needs a deterrent to kill their seven best friends and an old man. I mean the accident itself gives a greater deterrent than any prison sentence could.

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    Mute Kilian MacUmba
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    Dec 8th 2015, 1:23 PM

    Obviously not much of a deterrent if he was caught speeding again after he had killed all those people. That is not showing remorse, that is someone who does not give a ……

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    Mute Matt Donovan
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    Dec 7th 2015, 4:44 PM

    This whole sorry saga is an embarrassment. He’ll still be a yiung man when he gets out & let’s face it, he’ll be back behind the wheel. He should get a minimum of 30 years before being considered for release.

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    Mute Carmo Vanderval
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    Dec 7th 2015, 4:48 PM

    Shouldn’t have suspended the sentence; a year for each life lost is the very least he should have got.

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    Mute Eccouponcode
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    Dec 7th 2015, 5:33 PM

    No comment on whether the sentence was too long or too short.. but the whole thing is very sad to read :(

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    Mute Lauren O'Halleron
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    Dec 7th 2015, 5:11 PM

    What’s the idea of suspended sentences? Why bother?

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    Mute Jay
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    Dec 7th 2015, 6:09 PM

    Drink driving, why is almost always in Donegal that makes the news? Boy racers are bred in that area and never seem to learn.

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    Mute Jason Ebbs
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    Dec 7th 2015, 7:08 PM

    He was drinking, he hadn’t consumed any alcohol on the night.
    Ironically it makes it worse because he was then fully aware of what he was doing.

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    Mute Jason Ebbs
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    Dec 7th 2015, 7:09 PM

    “He WASN’t drinking……”

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    Mute john paul crowley
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    Dec 7th 2015, 7:24 PM

    He wasn’t drink driving get your facts right, which to be honest is probably worse

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    Mute Dean Anderson
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    Dec 7th 2015, 6:09 PM

    Another clear example if another was even needed that innocent lives don’t matter to Irish judges. I don’t know hat planet they inhabit but its perfectly clear that our judicial system is not fit for purpose

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    Mute Karen Marten
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    Dec 7th 2015, 5:22 PM

    No way he was wreckless and killed 8 people he should have 2 years for each person who died and made ti do his licence test again as a new driver when he gets out .

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    Mute bettyswallocks
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    Dec 8th 2015, 1:48 AM

    He shouldnt be considered for any type of driving ever again let alone sit his test again

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    Mute Cill Dará Abú
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    Dec 7th 2015, 5:11 PM

    He should of been sent down for life. Eight people were murdered

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    Mute john paul crowley
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    Dec 7th 2015, 7:25 PM

    Let’s be fair that wasn’t murder

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    Mute John Flood
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    Dec 7th 2015, 10:36 PM

    Willful manslaughter at least, times 6.

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    Mute Al-Right
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    Dec 7th 2015, 5:44 PM

    An absolute joke of a sentence, this criminal will be out after a couple of years for “good behavior”

    The sentence for what he did should have been 14 years in gaol and a lifetime ban..

    This light touch justice will act as no deterrent to those who will drive recklessly with passengers on the open road…

    Hope he gets locked up with the worst dregs of the inmates in prison!

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    Mute Jason Ebbs
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    Dec 7th 2015, 6:26 PM

    4 years in jail, so only 6 months per life he took, disgraceful sentence considering he had a previous conviction for speeding before the accident and then caught speeding again after the accident. He should have got 2 years per life he took and banned for life from driving, and even 2 years per life is not enough.

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    Mute brian
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    Dec 8th 2015, 12:54 AM

    Should be banned from driving for life. More important than the prison sentence.

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    Mute Claire McLaughlin
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    Dec 7th 2015, 5:27 PM

    I hope this helps to finally bring some closure to the families involved.

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    Mute John Flood
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    Dec 7th 2015, 10:35 PM

    He’s a mass murderer. A life sentence and nothing less.

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    Mute Seamus mc Nulty
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    Dec 8th 2015, 7:33 AM

    A tragedy for sure. However, he didn’t set out to kill his friends. I’m sure no one asking for a longer sentence ever drove more than the speed limit or used their phone while driving???? We were all young once.

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    Mute peter
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    Dec 8th 2015, 6:32 AM

    Obviously the sentence is not long enough when you look at it rationally, but the judge obviously took into account the pleas of some of the families involved. Maybe people should have more respect for their views then bleating on about lenient sentencing.

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    Mute Gemma Shah
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    Dec 8th 2015, 1:16 AM

    Still not long enough

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    Mute Larry Smierciak
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    Dec 8th 2015, 10:40 AM

    8 people killed and 4 years in jail is appropriate??? That’ll teach him. What a joke.

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