A north Clare man admitted to ‘drinking all day’ at a Christening celebration before crashing his car into a tree – a crash that claimed the life of his girlfriend on the main road leading out of the seaside resort of Lahinch two years ago.
At Ennis Circuit Court, Judge Francis Comerford jailed for two and a half years first-time offender and drunk driver, Damian McNamara (39) for the dangerous driving causing the death of his girlfriend, Stephanie Fitzpatrick (37) on February 19th 2022.
Mr McNamara of Lissatunna, Ennistymon pleaded guilty to the dangerous driving causing death charge and to drink driving at Cloonaveigh, Lahinch Rd, Ennistymon.
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In court, Garda Seamus Gleeson stated that Mr McNamara was almost three times over the legal alcohol limit for driving when tested after he crashed his 05 D car into a tree at around 6.35pm after going off the main Lahinch to Ennistymon Rd. Earlier that day, the court was told that the couple attended a Christening at Ennistymon Church at mid-day and from 1pm visited a number of pubs in Lahinch as part of the Christening celebrations.
Garda Gleeson said that a taxi was organised for the party at 6.10pm but the couple instead left the pub and Mr McNamara got into his car parked on Lahinch Main Street and drove towards Ennistymon with Ms Fitzpatrick a front seat passenger. Garda Gleeson told the court that Mr McNamara – who has no previous convictions and works as a green-keeper – did not use the car’s brakes before impact and Mr McNamara’s black Volkswagen Passat Estate ended up on its roof on the road following the main impact on the car’s passenger side.
Ms Fitzpatrick was a front seat passenger and was pronounced dead at the scene at 7.25pm and died from multiple traumatic injuries. Garda Gleeson was on the scene and said that Mr McNamara was “in an agitated and distressed state and made numerous admissions about being drunk, drinking all day, killing his best friend and wanting to be locked up for 20 years”.
Garda Gleeson said that Mr McNamara and Ms Fitzpatrick were going out together for nine months and Ms Fitzpatrick had moved in with Mr McNamara a couple of months prior to the crash.
Garda Gleeson said that witnesses said that Mr McNamara was “distraught” at the scene. Garda Gleeson said that Mr McNamara failed a roadside breath test for drink driving and later at 9.06pm at a Garda Station, Mr McNamara underwent an Evidenzer machine for drink driving showing a reading of 62 micrograms of alcohol per 100 millilitres of breath.
In court, Judge Francis Comerford imposed a 38 month prison sentence with the final eight months suspended on Mr McNamara for the dangerous driving causing the death of Ms Fitzpatrick.
Members of both families were in attendance at the sentencing hearing and Judge Comerford said: “That may not seem a lot to the Fitzpatrick family and may seem an awful lot to McNamara family but I do have to make a reasonable proportionate assessment of what the appropriate sentence should be.”
The court was told that Mr McNamara has voluntarily not driven since the crash and Judge Comerford imposed a seven year driving ban. Judge Comerford said that the fatal crash was caused by Mr McNamara who decided to drive after having drink taken.
Judge Comerford said: “It wasn’t a marginal amount of drink, the level he was at when tested was almost three times over the limit.”
Judge Comerford said that Mr McNamara’s decision to drive while drunk and give a lift to someone he loved placing her at risk was all the more serious after deciding not to avail of a taxi that could have kept them safe. Judge Comerford said: “He was not in a fit state to drive and was badly affected by drink.”
Judge Comerford said that in the crash there was no evidence of braking of any kind before impact.He commented: “As far as culpability goes it is very serious.” Judge Comerford said that Mr McNamara has shown genuine remorse, was of previous good character and had pleaded guilty but that “a significant sentence has to be imposed”.
In a prepared statement to Gardai at a later date, Mr McNamara claimed that he lost control due a log of water on the road and the brakes did not work. Judge Comerford said that he was satisfied that water on the road had nothing to do with the accident.
Counsel for the State, Lorcan Connolly BL (instructed by State Solicitor, Aisling Casey) said that the Garda forensic report found that the brake system was in good working order and there was no evidence of brakes being applied before impact.
Stephanie Fitzpatrick from Rooska, Lisdoonvarna was the youngest of 10 and in her victim impact statement her sister, Marian asked that “the person responsible for my sister’s death be held accountable for their action and a just and fair sentence be delivered”.
Marian told the court that “we miss her beyond words. Her death has devastated us all in our family”. Marian said: “She was beautiful and had a bright future ahead of her. That was taken from us by the defendant and we wonder if he has any idea of the devastation he has inflicted on our family.”
Marian described Stephanie as “a bright, intelligent girl” and “a loving baby sister”. Marian told the court that Stephanie was known to the family as ‘Baby-Cakes’. She said: “Our mother has lost her youngest child. Stephanie’s death could have been avoided that day. It haunts me that Stephanie was trapped in the car and in pain she must have endured.”
She said: “There are no words to describe the void her death has left in our family. We will never get to hold her, hug her, or tell her how much we love her again.” Counsel for Mr McNamara, Michael Collins SC (instructed by solicitor Daragh Hassett) told the court that the only aggravating factor in the case was drink driving.
Mr Collins said that Mr McNamara “will never forgive himself for what happened”. Mr Collins said that at the scene Mr McNamara “repeatedly stated that he had lost the love of his life”. Mr Collins said that “it is a profoundly sad case” and said that Mr McNamara and Ms Fitzpatrick “both come from very decent families who are devastated by the loss this accident caused”.
Mr Collins contended that the case was “at the lower end of the scale” in dangerous driving causing death cases taking into account the various factors. Mr Collins said that a number of testimonials have been handed in from Mr McNamara’s employer and members of the local community who testify to his good character.
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This story first appeared on Radio Today