A KERRY WOMAN has been disqualified from driving for 10 years arising from a fatal crash three years ago in which her close friend died.
Elaine Houlihan (24), Iveragh Park, Killorglin, had pleaded not guilty to the charge of dangerous driving causing the death of Theresa Foley (23), who was a front-seat passenger in the car driven by Houlihan in the early hours of April 18th, 2006. She had pleaded guilty to drink driving.
Passing sentence, Judge Carroll Moran said it was needless loss of life. “Their daughter need not have died,” he said, extending his sympathy to the Foley family.
The jury had convicted Houlihan on the lesser offence of careless driving and he had to respect that that and a prison sentence would be disproportionate. He did not impose a fine as this would suggest he was putting a value on the loss of life and this would be improper.
The five-day trial at the Circuit Criminal Court in Tralee heard how Houlihan was more than twice the legal alcohol limit after she had crashed into a tree when her car crossed the main Killarney to Killorglin road at 3.55am.
On Monday, the jury found her not guilty of dangerous driving causing death, but convicted her of careless driving.
The passenger door had collided with the tree and Ms Foley died in Cork University Hospital the next day.
Houlihan claimed she had been dazzled by the lights of a Garda car that had been following her at the time of the incident.
Passing sentence, the judge said whether or not she was dazzled by the Garda car was an issue in the case and it appeared there were no mechanical faults in the vehicle. She was travelling at about 50mph on a road where the speed limit was 60mph.
Ms Foley’s parents Michael and Bridget Foley said their lives and the lives of their five surviving children had been ruined by the death of their daughter. John O’Sullivan said his client wished to apologise to the Foley family “even if they do not wish to entertain that”.