A man with a history of drink-driving convictions was recently imprisoned for dangerous driving, resulting in the death of a pensioner. The incident occurred on July 5, 2022, when Shaun Duffy, a 51-year-old with six previous drink-driving convictions, crossed onto the wrong side of the N13, causing a three-vehicle collision. This tragic event took the life of Mervyn McClure, a 70-year-old farmer, who was driving home after helping a neighboring farmer on the main Derry to Letterkenny road.
The impact of the collision was severe, causing a secondary collision involving the car behind Mr. McClure’s vehicle. Emergency services were contacted around 10:50 p.m., and Mr. McClure was rushed to Letterkenny University Hospital, where he tragically passed away. The gardaí noted that Mr. Duffy was wearing work clothes and had a strong smell of alcohol on his breath, with slurred speech. A blood sample revealed a concentration of 176 milligrams of alcohol per 100ml of blood, far exceeding the legal limit of 50mg/100ml.
Mr. Duffy’s car, a Volkswagen Golf, was found 2.42 meters on the incorrect side of the carriageway, coming to a stop 28.61 meters from the point of impact with Mr. McClure’s Volkswagen Caddy van. The court heard that Mr. Duffy had seven previous convictions, including six previous drink-driving convictions dating back to the 1990s and 2005. His barrister, Mr. Simon Gillespie, emphasized Mr. Duffy’s sorrow and remorse, requesting that the family of Mr. McClure not be caused further hurt.
The victim impact statement, read by Mr. McClure’s sister, Linda McBride, was a powerful testament to the profound impact of the tragedy. She described her brother as a loving family member, a cherished neighbor, and a dedicated farmer, highlighting his unwavering commitment to farming the family farm. Mr. McClure’s ability to connect with people and his knowledge of local marriages were also noted. The family’s grief and sense of loss were evident, as they struggled to come to terms with the sudden and tragic loss.
Ms. McBride’s statement emphasized the lasting impact of the incident, as the family continues to grapple with the absence of cherished moments they once shared. The sight of her brother in a coffin, with his face painted over to hide the injuries, was a stark reminder of the tragedy. The family’s desire for justice and closure was evident, as they sought an apology for their brother’s death, which they did not receive until the court proceedings.
The court also heard about Mr. Duffy’s personal struggles, including the tragic loss of his only son, Shaun Jnr, who was 19 years old. Mr. Duffy’s long-term issues with alcohol and his binge drinking after his son’s death were noted. A letter from Mr. Duffy’s wife, who asked for leniency, described her husband as a supportive pillar and a good man with a good heart, highlighting the lasting impact of their child’s death.
The judge, Judge John Alymer, sentenced Mr. Duffy to four years in prison and disqualified him from driving for ten years. He emphasized the aggravating factors, including Mr. Duffy’s heavy intoxication and inability to control the vehicle, as well as his six previous convictions for drunk driving. The judge acknowledged Mr. Duffy’s remorse and his efforts to attend to the victim, recognizing the profound impact of the incident on the siblings of Mr. McClure.
Despite the tragic circumstances, the judge considered the mitigating factors, including Mr. Duffy’s positive engagement with victim and bereavement counseling, as well as his low risk of reoffending. The sentence was reduced to five years, with the final year suspended, taking into account Mr. Duffy’s rehabilitation efforts.