A truck driver jailed for three years for dangerous driving causing the deaths of a mother, her two daughters and her grandson will serve half that term following a decision by the Court of Criminal Appeal yesterday.
The three-judge court said there was no doubt that Michael McGrath (56) was genuinely remorseful and was severely depressed over the accident, and the families of the deceased had "nobly" said they did not wish him to go to prison. It also said McGrath had been suspended from driving for 15 years, which was "effectively life" for a man of his age, and that it was the "absolutely correct" thing that a person found to be at fault for such an accident should not drive again.
The three-year sentence was imposed on McGrath, a widower and father of eight children of Hacketstown, Co Carlow, as a result of an early morning road crash on January 27th, 2004, in which Mary Dalton (71), Ballindangan, north Cork; her daughters Mary Downes (31) from Mitchelstown and Kathleen Quish (47) from Shanballymore; and Ms Downes's three-year-old old son, Robbie, were killed. Conor Downes (7) was badly injured in the accident which happened at Kilcoran, Cahir, Co Tipperary, after the family started out on a trip to Dublin.
At the appeal court yesterday, Mr Justice Brian McCracken, presiding, said the truck being driven by McGrath had for some reason veered across the road. It hit another truck with a glancing blow, resulting in an accident involving six vehicles.
The four occupants of the car going in the opposite direction were killed and a fifth passenger was badly injured, as was McGrath himself, the judge said.
He noted McGrath could not remember the events leading up to the accident. Another truck driver who was behind him had said McGrath's truck had wobbled on the road prior to the accident, and that he had been so worried about the driving that he flashed his lights and blew his horn to get McGrath's attention.
McGrath had been on the road for more than two hours when the accident occurred at 7.30am and the trial judge had taken the view that he was suffering from driver fatigue, Mr Justice McCracken said.
The judge said there was no question of drink being involved and McGrath had no previous convictions. While the trial judge had not erred in imposing a three-year sentence, he had not taken into account the other factors in the case. In those circumstances, the appeal court would suspend 18 months of the sentence.