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THE CORONER FOR Limerick has endorsed calls for maximum sentences for dangerous driving causing death to be increased to 14 years and agreed it is illogical for driving disqualifications not to run consecutively to custodial sentences.
The submissions were made by Loraine Fehilly, through her barrister, at the inquest into the death of her husband, and father of their three children, Maurice Fehilly, held at Limerick Coroner’s Court, Kilmallock, Wednesday.
Currently, the maximum sentence for dangerous driving causing death is 10 years.
Mr Fehilly, (42), of Seskin, Kilsheelan and formerly of Clonmel, Co Tipperary, was knocked down and killed off his motorbike by the driver of a van, who drove at speed and on the wrong side of the N24, at Dromkeen village, Co Limerick, on 4 January 2020.
In March 2025, the van driver, Daniel Phillips, (36), of Crecora Avenue, Ballinacurra Weston, Limerick, was jailed for five years and nine months and disqualified from driving for 10 years, after he pleaded guilty to dangerous driving causing Mr Fehilly’s death.
Phillips also admitted dangerous driving causing serious bodily harm to Thomas “Tom” Traynor, who had been traveling on another motorcycle in convoy with Mr Fehilly.
Mr Traynor subsequently died in 2022 after he had undergone 22 surgeries following the collision.
A third biker, Tom Conroy, who was leading Mr Traynor and Mr Fehilly out in single file, on the correct side of the road and within the speed limit, escaped injury after he managed to swerve out of the way of Phillips’ van.
At the time, Phillips was being pursued at speed and on the wrong side of the N24, by a car being driven by Michael Stanners, (42), of Pineview Gardens, Moyross, Limerick, who had three passengers with him.
Stanners, who pleaded not guilty to two counts of endangerment, was found guilty on both counts by a jury and jailed for six and half years and disqualified from driving for ten years.
The mens’ sentences were affirmed by the Court of Criminal Appeal in June this year.
At the inquest hearing Loraine Fehilly’s barrister, Conor Cahill, instructed by Padraic Hayes, of Cian O’Carroll Solicitors firm in Cashel, submitted that a “narrative verdict”, recording the “catastrophic nature” of Mr Fehilly’s injuries was the “most appropriate” verdict.
Mr Cahill also submitted that maximum sentences for dangerous driving causing death be increased from ten to fourteen years and that it is “not appropriate” for driving disqualifications to run concurrently to custodial sentences.
“There’s no point in somebody being disqualified from driving while they are in prison,” argued Mr Cahill.
The inquest heard a deposition written by Michael Brady, a motorist from Clonmel, who witnessed the fatal collision.
Mr Brady said the van’s driving was “crazy” and that it was “speeding up” as it crossed onto the wrong side of the road making the scenario “very distressing”.
Mr Brady said if he had not swerved to avoid the van, it would have hit his car, which had been carrying himself, his wife and their two children.
Mr Brady said Mr Fehilly’s Harley Davidson motorbike “had come apart in two pieces” in a ditch under the van, after the van hit it head-on.
The inquest heard that Tom Conway rushed to Mr Fehilly but it was obvious “he was gone”.
A deposition written by Tom Traynor, before his death, read by Sergeant David Delahunty, said:
“I looked up just as the van struck the right side of my bike, and I could see the driver’s face, and I’ve never forgotten the look of rage in his face; he had the steering wheel gripped like he was trying to bend it as if he was possessed.”
A garda forensic examination of the scene could not find any indication that the van had applied its brakes in the moments prior to the fatal collision.
A post mortem found Mr Fehilly died having suffered multiple injuries consistent with “roll-over injuries of a motorized vehicle”.
Limerick Coroner, John McNamara, agreed that the “appropriate verdict” was a “narrative verdict”.
“It would be an insult to call it an accident because of the high level of recklessness and danger involved,” said Mr McNamara.
The submission by Ms Fehilly’s barrister in respect of sentencing and driving disqualifications were “outside the scope” of the role of a coroner, he said.
“However, I certainly would agree with the submission, and I would go so far as to say that I would endorse the submission, but that’s as much as I can state on the record in relation to it, given the confines on the coroner’s court,” he added.
The coroner and Sergeant Delahunty each expressed their sympathies to the families involved.
Mr McNamara described it as a “desperate” tragedy.
“Three experienced bikers out for a spin; unfortunately only one of them is with us today,” he said.
Speaking afterwards Loraine Fehilly welcomed the coroner’s endorsement of her submissions and said she and others would continue to campaign for “tougher penalties to act as a deterrent to dangerous driving”.
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