Donegal man was three times over drink drive limit when he killed pensioner (70)
Stephen Maguire
A Co Donegal man with six previous drink-driving convictions killed a pensioner when his car crossed a road into the path of an oncoming car, a court has heard.
Shaun Duffy was more than three times over the legal drink-driving limit when he caused a three-car collision on the N13 road at Sharon Glebe, Newtowncunningham, on July 5th, 2022.
The 51-year-old accused man pleaded guilty to dangerous driving causing the death of farmer Mervyn McClure when he appeared at Letterkenny Circuit Court.
Duffy, of Trillick, Buncrana, sat silently in the dock as details of the tragic last moments of the popular 70-year-old victim were read out to the court.
Sergeant Maurice Doyle of Letterkenny Garda Station outlined the case to State prosecutor Ms Fiona Crawford BL.
A French woman and her son were making their way back to their holiday home in Kerrykeel from Derry. The woman outlined how they were travelling in a Seat Ateca when she recalled a “bang”. Her vehicle made contact with the back of a Volkswagen Caddy.
Duffy was travelling from the direction of Manorcunningham when he crossed over the broken white line and onto the incorrect side of the road causing an impact with Mr McClure’s Caddy van. The Seat Ateca was involved in a secondary impact with the van.
Duffy, who was driving a Volkswagen Golf, and his car ended up some 28.61m away from the point of impact.
The court heard how Duffy was 2.42m on the wrong side of the road and a weather report indicated that the night was overcast and misty with occasional outbreaks of drizzle.
The damage was “glancing rather than head-on” in nature and the Golf was “completely on the wrong side of the road," Sergeant Doyle said.
Gardaí who attended the scene noted that Duffy was wearing a high-vis vest and work clothes and they detected a strong smell of an intoxicant liquor with his speech slurred.
Mr McClure, from Lurgy in Letterkenny, was taken by ambulance to Letterkenny University Hospital where he passed away a short time later.
A sample taken from Duffy showed a concentration of 176 milligrammes of alcohol per 100ml of blood, where the legal limit is 50mg/100ml.
Duffy told gardaí that he remembered driving through Kilmacrennan on the night in question, but did not recall going through Letterkenny.
“I don’t know if it was the bang that messed up my head or what,” he told gardaí.
Duffy told investigating officers that he had consumed three pints of alcohol.
Sergeant Doyle confirmed to the court that Duffy has seven previous convictions in this jurisdiction, including six for drink-driving. The offences date back to 1994 and include convictions in 1998, 2004, and 2005.
Sergeant Doyle said that eyewitnesses indicated that Duffy was “somewhat intoxicated” and “slightly disorientated” at the scene.
In interviews with investigating gardaí, Duffy said he struggled to remember the details of the mechanics of the collision.
Duffy’s barrister, Mr Simon Gillespie BL, led by Ms Dara Foynes SC, said the accused suffered the tragic loss of his son, Shaun Jnr - who was 19 - in 2020.
Mr Gillespie said his client asked him to be “conscious not to say anything that would cause any further hurt or distress” to the family of Mr McClure.
Mervyn McClure
A sister of the deceased man read out a heartbreaking victim impact statement on behalf of herself, her brothers Cecil and Derek as well as the extended McClure family.
Choking back tears, Linda McBride gave a lengthy, emotional, and fitting tribute to the popular farmer who was so well-known and cherished in his local community.
Ms McBride said Mervyn had reached the age of 70, was the eldest of four siblings and was enjoying partial retirement when his life was cut so tragically short.
She described him as a dedicated farmer, a loving family member and a cherished neighbour.
Ms McBride said her brother had a great knowledge of the local area and always seemed to know who was married to who.
"At his wake a close neighbour remarked 'Mervyn was a great man to get information to get out of but not so good at giving any back’,” she said.
“It was a comment said with warmth, as anyone who knew Mervyn could relate to it. He had a natural way of finding out about people's lives but he kept his own stories close to his own chest.”
She added that Meryn spent his days working passionately on the family farm and his commitment was "unwavering" by the amount of hours daily he put into the land.
"It wasn't just his job, it was his way of life. He took great pride in working the land and caring for his animals. He was the kind of person who would lend a hand for a neighbour in need no matter how busy he was," she said.
It was while returning home from helping at a neighbouring farm on the night July 5th, 2022 that his life was tragically ended.
Ms McBride said the night would be etched in each and every member of the family forever and has affected each and every member of the family in different ways.
She outlined the deep, personal relationship each of his siblings had with Mervyn and how they will miss him dearly.
On a personal level, Ms McBride said she did not get to see Mervyn on the night of his death as she lives in Monaghan.
In an emotional address to the court, she said: "The first time she got to see Mervyn was when he was lying in a coffin, still and silent. She couldn't believe what she was looking at.
"They had tried to cover his facial injuries with make-up, painted over broken skin but no amount of powder or foundation could hide what had happened. The bruises were beneath the surface peeping through, different reminders of how violent his death the night before had been.
"Nobody ever should have to see their brother like this, a face once full of jokes, of mischief looked frozen and unfamiliar. It's an image you can never get out of your head that follows you like a shadow.”
Ms McBride told the court that none of the family got a chance to say goodbye to their beloved brother, to hold his hand, to tell him they loved him, to comfort him or to tell him it would be okay "even if it wasn't going to be."
She said: “All we have are photos and frames while Mr Duffy gets to carry on with his life, he gets to wake up every morning to be with his family and continue living."
The deceased man's sister added that in a strange way they were happy their parents passed before Mervyn as losing him "would have shattered them.
"We still find it hard to believe he's gone. We wish we could talk to him and hear his voice, just to be around him again."
The victim impact statement said it was painful that the family did not hear any apology for Mervyn's death or see any acceptance of responsibility until it was brought before the court.
"That was the first time that our family heard Mr Duffy admit that he was responsible for Mervyn's death,” Ms McBride said.
"If he had done this sooner it might have helped us as a family to understand what happened and to get to find some closure. Because he stayed silent for so long, nearly three years, it made our pain even worse after Mervyn's death."
Ms McBride thanked all those who helped them following Mervyn's death including the gardaí ambulance personnel, the fire service, the undertaker, Dr Gerry Lane, the Fire Service and the neighbours and friends who came to their aid.
"We hope that by sharing our story the court will understand the profound impact of this tragedy. We seek justice for Mervyn and hope that this serves as a reminder of the devastating consequences of dangerous driving,” she said.
"No family should have to endure the pain and loss we have experienced. This is one of Mervyn's favourite sayings to end a phone call with - 'Well, we will leave it at that anyway’.”
Mr Gillespie said that his client has expressed remorse to the family and acknowledged the devastation he caused.
“Cases such as these are exceptionally tragic,” Mr Gillespie said, noting the “overwhelming and unimaginable loss suffered by the McClure family”.
The barrister said that Duffy’s “criminal behaviour has its basis in an unforgivable recklessness rather than any malicious intent to inflict or cause the injuries that he did.”
He added that Duffy and his wife - who accompanied her husband to court - know only too well the grief and anguish that comes from losing a close family member in tragic circumstances.
“He is and will forever be burdened by guilt,” Mr Gillespie said. “He is heartbroken that his reckless actions led to the very sad loss of Mr McClure. He has asked me to relay his sorrow and his remorse.”
Mr Gillespie said his client was engaged in excessive drinking in the months before the collision and said Duffy was “in shock” when he learned of the death of Mr McClure.
He said Duffy has articulated self-blame and carries guilt about surviving the collision. He added that the accused man has a strong employment record and also has a farm. A reference from his employer was handed into the court.
Judge John Aylmer adjourned the case to allow time to read reports and consider evidence in the case.
