A FATHER asked a judge yesterday not to jail the man whose dangerous driving caused the death of his son in a car accident four years ago.
However, initially he wanted to see Colm Kelly dead as the accident had destroyed his family the victim's father, Mr Thomas Maher, told Dublin Circuit Criminal Court.
Kelly (28), a road builder and father of one, of Heatherview Avenue, Tallaght, Dublin, was remanded on bail to November 18th next after he pleaded guilty to dangerous driving causing the death of Mr Stephen Maher (20) on the Naas Road, Clondalkin on March 1st, 1992.
Mr Maher told Judge Cyril Kelly his family now believed prison would ruin Kelly's life and that a different sanction should be available. He said he had done fibre optic wiring work in prisons and had seen young offenders injecting themselves with drugs. Temptation was being placed before people who were jailed with drug users and other prisoners who practised homosexuality.
His wife was so traumatised in the hospital after the accident three doctors had to treat her. On the same night, another patient also died in the hospital. The defendant should be placed in a hospital to witness the devastation caused by actions such as his own, said Mr Maher.
Judge Kelly said he was struck by the deep humanity of Mr Maher's evidence. Mr Maher had also shown a comprehension of aspects of prison life which were described to the court every day.
In an unrelated case before him, a probation report revealed the defendant in that case had continued using heroin while in custody, he said.
Adjourning his decision, Judge Kelly asked for a probation report on Kelly, outlining all non custodial options available to the court in the light of Mr Maher's evidence.
Garda Chris Carroll said the victim and some friends were walking towards Dublin city on the hard shoulder of the Naas dual carriageway at 2.30 a.m. after attending a function in Clondalkin Rugby Club. Kelly had also attended the function with a different group and was driving in the same direction in his car.
The night was wet and on a dark stretch of road near the Green Isle Hotel, his car swerved and hit Mr Stephen Maher, killing him.
Garda Carroll told Mr George Birmingham, prosecuting, that Kelly did not co operate very well after the accident and had claimed: "This is not dangerous driving. He walked out in front of me."
There was evidence Kelly had "a few pints" before the crash but he declined to provide a sample for an alcohol test, saying he did not have legal advice. However, a doctor thought he was unfit to drive, the garda said. The deceased's friends also told gardai they thought the car had been travelling at speed.
Mr Denis Vaughan Buckley SC, defending, said his client had wished to apologise to the Maher family in person but had been advised not to approach them.
Mr Buckley said his client was apologising now, though he accepted nothing he could say would alleviate the tragedy to all concerned and the Maher family in particular. He asked Judge Kelly to impose a suspended sentence and a driving ban.