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Judge Restores Licence For Driver Whose Careless Driving Caused The Death Of Estlin Wall

A judge has restored early the driving licence for the driver whose careless driving caused the death of Estlin Wall (3) six years ago.

At Ennis Circuit Court today, Judge Francis Comerford restored the driver’s licence for Senan O’Flaherty (66) despite Garda objections.

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In April 2020, as part of his sentence at Ennis Circuit Court, a four year driving ban was imposed on Mr O’Flaherty of Lower Gowerhass, Cooraclare, Co Clare for the careless driving causing the death of Estlin Wall on March 15th 2017 – a number of days before Estlin was due to celebrate her fourth birthday.

 

In court on Tuesday, Judge Comerford deferred the restoration of Mr Flaherty’s licence until April 10th out of respect for the upcoming sixth anniversary in March of the fatal crash and Estlin’s birthday date at the end of March.

The March 2017 crash left Estlin’s father, Vincent unconscious for a number of weeks at hospital and he missed Estlin’s funeral and today continues to recover from a brain injury sustained in the crash.

At Ennis Circuit Court in April 2020, Judge Gerald Keys imposed a €750 fine on small farmer, Mr O’Flaherty for the careless driving causing the death of Estlin Wall on March 15th 2017.

Judge Keys also imposed a €750 fine on Mr O’Flaherty for careless driving causing serious bodily harm to Mr Wall on the same date near the village of Inagh.

Imposing sentence, Judge Keys stated that Mr O’Flaherty’s culpability was low and “at the bottom end of the spectrum” in the accident.

However, the DPP successfully appealed the undue leniency of the sentence and a three judge Court of Appeal in January 2021 imposed a 16-month sentence on Mr O’Flaherty but suspended the entire term on condition that he be of good behaviour for two years.

The court found that the trial judge was wrong to place Mr O’Flaherty’s culpability at the lower end of the scale with Ms Justice Isobel Kennedy saying he was at the “upper end” and that his blameworthiness was more significant than that identified by the judge.

The court upheld the €1,500 fine and a four-year driving ban.

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