A JUDGE has commended the Christian charity of a Co Limerick family who urged him not to jail the man responsible for their father’s death.
Judge Carroll Moran told Limerick Circuit Court yesterday that he was “personally quite moved” by the victim impact statement written on behalf of the children of 56-year-old James Kinsella, Glenbrohane, Garryspillane, Co Limerick, who was killed in a car crash nearly three years ago.
Mr Kinsella’s nephew Dean Healy, of Newport, Co Tipperary and formerly of Hyde Road, Limerick, was twice the legal alcohol limit when he crashed his car, killing his uncle. The 32-year-old pleaded guilty to dangerous driving causing the death of the widower at Lissard, Gallbally, Co Limerick, on September 6th, 2008. He also admitted a charge of driving with excess alcohol on the same date.
Mr Healy had initially denied the charges and a jury was sworn in for the trial. He changed his plea before evidence got under way yesterday. In a victim impact statement written by Tanya Kinsella on behalf of her siblings James and Jessica, Ms Kinsella said the death of their father had left a great void in their lives.
She described Mr Kinsella, whose wife died when his children were very young, as a great father and grandfather.
She also wrote that her father and her first cousin Dean Healy enjoyed a “great relationship” and described them as “great friends”.
“My father never held grudges and we would like to express that we have no ill-feeling towards Dean. He is the father of two young children and we feel these two years and nine months have been a sentence in itself with the anxiety of the upcoming case.”
Prosecution counsel John O’Sullivan told the court the victim’s family was “quite adamant” they did not want to see their first cousin going to jail.
During the sentencing hearing, evidence was heard that Mr Kinsella and his nephew had been socialising together before their car crashed into a tree at a severe bend on the road just outside Galbally in Co Limerick.
The court heard speed was not a factor and a forensic accident investigator concluded the incident was caused by a momentary error in judgment by the driver.
Judge Moran said it was the prosecution’s case that the accused was driving having had too much to drink and said Mr Healy wasn’t able to react quickly enough because of the consumption of alcohol. He said the victim impact statement written by Tanya Kinsella on behalf of her siblings demonstrated a great feeling of forgiveness, and he described the case as exceptional.
“Personally I am quite moved by the victim impact statement,” the judge said before reading it out to the court again.
“I have to commend them as sincerely as I can for this manifestation of Christian charity. We are told one gets one’s reward in the next life for such a gesture of charity but perhaps they will get it in this life as well.”
Taking into account the accused man’s previous good record prior to the crash and in particular the attitude of the victim’s family, he imposed a three-year suspended sentence. He also disqualified Mr Healy from driving for 10 years.