A 56-year-old widowed father of eight was yesterday sentenced to three years in jail after he pleaded guilty to dangerous driving causing the deaths of four members of one family on the Cork-Dublin road last year.
Michael McGrath broke down in court when Judge Michael O'Shea delivered his sentence after hearing how the self-employed truck driver from Hacketstown, Co Carlow, caused the collision that led to members of three generations of the Dalton family being killed.
Mary Dalton (70), from Lislee, Ballindangan, Mitchelstown, her daughters, Kathleen Quish, from Shanballymore, Mallow, and Mary Downes (31), from the Demesne, Mitchelstown, along with Mary's son, Robert Downes (3), were killed in the crash.
Robbie's brother, Con Downes (8), survived the crash, which happened at around 7.30am on January 22nd, 2004, at Kilcoran, Cahir, on the main Cork-Dublin road. Ms Quish had been taking the family in her car to Dublin on a day trip to the zoo.
Garda Declan Corrigan, who investigated the accident, told Clonmel Circuit Court how McGrath had left his home in Hacketstown at 5am that morning and collected a load of lamb carcasses from the local Kepak plant for delivery.
He had travelled some 92 miles up until the point of the accident but had been seen by another lorry driver, Liam Murphy, wobbling over to the incorrect side of the road on three occasions before reaching the accident scene, said Garda Corrigan.
Mr Murphy said McGrath wobbled over to the incorrect side of the road twice between Clonmel and Cahir and again after exiting onto the Cork-Dublin road outside Cahir. Mr Murphy flashed his lights and blew his horn in an attempt to alert him.
Garda Corrigan said McGrath's lorry glanced off a van in an overtaking manoeuvre, causing the van to spin sideways as the truck continued on its path before there was an explosive impact that led to a six-vehicle collision in which Ms Quish's car took the brunt.
Garda Corrigan said McGrath suffered a hip injury and a fractured pelvis. He later met gardaí by arrangement in Carlow where he made a full statement but wasn't able to remember the final stage of his journey that morning from Clonmel to the accident.
McGrath was "very co-operative" but he had no recollection of travelling from Clonmel to Cahir. He said in his statement that he remembered "a string of lights" coming against him after passing through Cahir.
The Garda witness agreed with McGrath's counsel, Conor Devalley SC, that there was no evidence of drink or excessive speed being a factor in causing the accident, and he said all the evidence pointed "in the direction of driver fatigue".
Prosecution barrister Johnny Walsh said Ms Dalton's remaining children, Bob, Willie, Pat, Tom and Joan, had indicated they didn't want to see McGrath go to jail, while the Downes family were happy to let the court decide on the penalty.
Judge O'Shea described the Dalton family as "extraordinarily understanding, merciful and forgiving people" and he noted that McGrath had pleaded guilty at the first available opportunity, had no previous convictions and was a pillar of the local community.
He had to balance those mitigating factors with a number of aggravating factors, including that McGrath was not in proper control of his vehicle.
He sentenced McGrath to three years in jail, disqualified him from driving for 15 years and ordered the conviction to be endorsed on his licence. He refused leave to appeal.
