Donegal man jailed for two years for crash that killed eight

carlmango11

Jailed for 2 years.

Not sure how I feel about it. Originally felt guilty - obviously shouldn't have been driving recklessly but he also had a previous conviction for dangerous driving. Makes it harder to feel sympathy.

Sala

Very difficult case. On the one hand he recklessly chose to drive with an overloaded car, but as far as I can recall he was not drinking, but maybe speeding. He killed an innocent stranger, and probably most of his own best friends. But I still feel bad for him

I would not like to have been the judge on that case

biko

If anything I hope this makes someone else think twice before they do something similar.

seamus

The guy is quite clearly a fncking idiot. He kills 8 people due to speeding in a vehicle heavily overloaded and driving dangerously.

Less than a year later, he's caught speeding in a truck and supplies a false name to the Garda when stopped.

He had also come to garda attention twice since the deaths, said the sergeant.

On May 10, 2012 he was convicted at Buncrana District Court of driving his father’s lorry without a rear registration plate the previous August.

On May 15, 2011, he was also stopped by gardai driving a lorry “at some speed” through Buncrana Main Street at 2.40am at a time when a large number of people were leaving a local nightclub.

Sgt Doherty said that when Kelly was asked for his name by gardai he gave the name Christopher O’Donnell before admitting who he was. Kelly was given a caution.

http://www.independent.ie/irish-news/courts/man-who-killed-seven-friends-and-pensioner-in-crash-will-spend-two-years-in-jail-30847728.html

As much remorse as he probably feels, he has learned nothing. A ten year ban isn't enough, he should be banned for life. If killing 8 people won't teach you to cop on, nothing will, this scourge should never be back on the road.

MarkAnthony

Unbelieveable.

We really don't punish people properly for driving offences. Accidents are as serious as the results. In this case a much longer sentence should have been imposed.

I was reading about a Cork man given the opportunity to escape an 18 month prison sentence if he can show medical evidence as to his treatment whatever is causing him to drive like a fcuking loon. (the wrong way on a motorway). If you're banned and caught behind the wheel it should be simple, prison.

Highflyer13

seamus wrote: »

The guy is quite clearly a fncking idiot. He kills 8 people due to speeding in a vehicle heavily overloaded and driving dangerously.

Less than a year later, he's caught speeding in a truck and supplies a false name to the Garda when stopped.


http://www.independent.ie/irish-news/courts/man-who-killed-seven-friends-and-pensioner-in-crash-will-spend-two-years-in-jail-30847728.html

As much remorse as he probably feels, he has learned nothing. A ten year ban isn't enough, he should be banned for life. If killing 8 people won't teach you to cop on, nothing will, this scourge should never be back on the road.

Read that earlier. That was the bit that really shocked me. Obviously this guy has serious issues behind the wheel. Im actually surprised he drove again after the accident.

Senna

seamus wrote: »

The guy is quite clearly a fncking idiot. He kills 8 people due to speeding in a vehicle heavily overloaded and driving dangerously.

Less than a year later, he's caught speeding in a truck and supplies a false name to the Garda when stopped.

That changes it quite a bit, kind of felt sorry for him, but he's obviously a selfish prick, speeding down a main Street in a truck at kicking out time. Some people never learn and so prison might teach him something.

Mr. Incognito

There are no winners here.

Only losers.

Dancing pointing fingers in a shouty voice does no one any good

The Backwards Man

Just for the sake of clarity, he was never convicted of speeding in a truck, he was convicted of having no number plate on the trailer, something many of us (me included) have done ourselves, he was caught speeding in a 50km zone in a car at a later date.

This case was harrowing enough without ditchside hurlers adding bits on as they go along

wylie

Really sad situation, no body wins.

Peter Anthony

I still feel sorry for the guy, cant imagine what its like walking in his shoes, its the most horrendous car crash I've ever heard of in Ireland

Princess Consuela Bananahammock

The Backwards Man wrote: »

Just for the sake of clarity, he was never convicted of speeding in a truck, he was convicted of having no number plate on the trailer, something many of us (me included) have done ourselves, he was caught speeding in a 50km zone in a car at a later date.

This case was harrowing enough without ditchside hurlers adding bits on as they go along

The very fact that he was caught speeding (at 2.40am, in a crowded street less that a year later when he was supposed to be suffering trauma) would hint at a lack of remorse. Not to mention the fact that he initially tired to pin the blame on another driver.

As someone said, no one wins - but at some point, you have to take steps to make sure it never happpens again.

Venus In Furs

Princess Consuela Bananahammock wrote: »

The very fact that he was caught speeding (at 2.40am, in a crowded street less that a year later when he was supposed to be suffering trauma) would hint at a lack of remorse.

Could have been the trauma that caused him to do it - a person is probably not going to be thinking right after. Not excusing it, just considering a possible cause for it.

ChippingSodbury

For those who would hang him on the spot, think back on your own driving careers and I'll bet that there are a couple of fairly dangerous activities undertaken e.g. using mobile/ text message/ speeding. These are all activities that can cause accidents and possibly loss of life. The difference between these actions resulting in horrific consequences or not is often just the toss of a coin.
Should you be locked up even though luck/ fate was on your side and the dangerous action didn't result in horrendous consequences?

In this case, I think there aren't many punishments that could make the guy feel more regret for his actions, it's hard to argue against not sending him to jail for a period of time though...

FactCheck

In addition to the eight dead victims, people should also spare a thought for Mrs McGilloway, who only narrowly avoided becoming a ninth victim, had her car destroyed, and had to endure four years of his legal defence trying to blame her for the whole incident, claiming (completely without basis) that she had been on the wrong side of the road.

The Backwards Man wrote: »

Just for the sake of clarity, he was never convicted of speeding in a truck

Just for the sake of clarity, any talk of "convictions" in relation to that incident is irrelevant; he accepted a caution.

MarkAnthony

ChippingSodbury wrote: »

For those who would hang him on the spot, think back on your own driving careers and I'll bet that there are a couple of fairly dangerous activities undertaken e.g. using mobile/ text message/ speeding. These are all activities that can cause accidents and possibly loss of life. The difference between these actions resulting in horrific consequences or not is often just the toss of a coin.
Should you be locked up even though luck/ fate was on your side and the dangerous action didn't result in horrendous consequences?

In this case, I think there aren't many punishments that could make the guy feel more regret for his actions, it's hard to argue against not sending him to jail for a period of time though...

Anyone who texts while driving deserves a ban. Absolutely no excuse.

Again - accidents are as serious as the consequences. While the enforcement should be there for all infractions if you do something that results in a death then you should face a custodial sentence. Perhaps then fewer people would take the risk in the first place. In a case like this with multiple aggravating factors two years seems very lenient to me.

The 'ah sure it'll be grand' and 'I didn't mean too' attitudes need to stop.

Kristopherus

Peter Anthony wrote: »

I still feel sorry for the guy, cant imagine what its like walking in his shoes, its the most horrendous car crash I've ever heard of in Ireland

Sure he dose'nt remember it.

Kristopherus

FactCheck wrote: »

In addition to the eight dead victims, people should also spare a thought for Mrs McGilloway, who only narrowly avoided becoming a ninth victim, had her car destroyed, and had to endure four years of his legal defence trying to blame her for the whole incident, claiming (completely without basis) that she had been on the wrong side of the road.



Just for the sake of clarity, any talk of "convictions" in relation to that incident is irrelevant; he accepted a caution.

His bloody defence team acted more scumbaggy than he did by suggesting that. What a sick suggestion.:mad:

skooterblue2

Senna wrote: »

That changes it quite a bit, kind of felt sorry for him, but he's obviously a selfish prick, speeding down a main Street in a truck at kicking out time. Some people never learn and so prison might teach him something.

This guy is a sick animal.....he kills 8 people. He tries to blame another woman. Then he commits two offences afterwards. This Tragedy was front loaded. First getting into a car with a loony driver. Then it was over loaded, then speeding.

When it is all done he commits two more offences.

NO remorse No Shame.

skooterblue2

Venus In Furs wrote: »

he's feeling remorse for his own deed that has led to widespread destroyed families.
The guy isn't a murderer, just guilty of being stupidly wreckless and irresponsible. But then again, I'm sure the brother of the man in the other car would feel very wronged if this lad didn't go to prison.

No evidence of this what so ever!!!
If he was remorseful he would have owned up at the start/
He tried to blame the other woman in the car behind.
Then he went back on the road.
Commited two more serious road offences including giving a false name to a Garda.

This guy is on a mission to harm other people and himself....... Plick

Summer wind

What I don't understand is if he sustained a brain injury in the accident that is so bad that he couldn't speak in court and will never be as he was before, then why and how was he even allowed behind the wheel of a car and lorry to get in trouble again?

diomed

How long before his next driving offence? My guess is under 18 months.

suicide_circus

How many people do you have to kill through dangerous driving before you're put off the road for life?

2 years in prison for causing the death of 8 people is just mind blowing.

TwoShedsJackson

diomed wrote: »

How long before his next driving offence? My guess is under 18 months.

Perhaps, if one of the prison wardens lets him have a spin in the carpark.

beertons

That sentence is a disgrace.

anncoates

In a way I feel a bit sorry for the guy and especially his family having that on him and nobody forced the people into the car, but these pointing the fingers does nobody any good type posts, well, fcuk that.

This kind of driving is an issue on our roads. And you have a duty of care to your passengers. Plus his previous record. Come on.

And what about the poor bastard in the other car?

inforfun

A temporary driving ban?

That guy should have a restraining order keeping him at least 100 meters away from anything with an engine.

ZiabR

seamus wrote: »

The guy is quite clearly a fncking idiot. He kills 8 people due to speeding in a vehicle heavily overloaded and driving dangerously.

Less than a year later, he's caught speeding in a truck and supplies a false name to the Garda when stopped.

Hmmm, that is unbelievable alright. What a fcuking gob****e...

bucketybuck

ChippingSodbury wrote: »

For those who would hang him on the spot, think back on your own driving careers and I'll bet that there are a couple of fairly dangerous activities undertaken e.g. using mobile/ text message/ speeding. These are all activities that can cause accidents and possibly loss of life. The difference between these actions resulting in horrific consequences or not is often just the toss of a coin.

I don't have any driving convictions, I have never lied to the guards, I don't drink and drive, and I would never pile 7 people into a car and then kill them by driving irresponsibly.

Don't you fucking dare equate me to that murderer.

Johngoose

He'll probably be out for next Christmas 2015,for good behaviour.Just hope he doesn't get a pool cue up his jacksie!

anncoates

Can't help thinking some of the leeway afforded to the guy here is linked to our dysfunctional relationship with driving. Where spending limits are viewed by some as an intrusion and shouldn't apply to those that can "handle it" and those who crash "can't handle it".

Put it this way, imagine the defendant here was a parent with previous convictions for child neglect that let their kids die in a negligent accident. You would not hear a single plea for understanding and clemency here.

RDM_83 again

anncoates wrote: »

Can't help thinking some of the leeway afforded to the guy here is linked to our dysfunctional relationship with driving. Where spending limits are viewed by some as an intrusion and shouldn't apply to those that can "handle it" and those who crash "can't handle it".

Its Donegal there is a reason its notorious for accidents, the old lads drive home pissed the young guys might be sober but they drive like maniacs, I know the stretch of road where this happened (I think) and it should be very safe even at fairly high speeds.
Feel sorry all the victims, I've been in the back of an over crowded speeding car heading back from the pub in rural Donegal it was only the next day when sober that myself and another one of the lads realized quite how dangerous the driving was, you don't asses risky behavior properly when you have been drinking which is one of the reasons you don't drink and drive, when your the driver though its your job to be aware of these things. Obviously there is an element of personal responsibility when you've been drinking but you do tend to expect a sober driver to be at least moderately sensible.

mailforkev

A couple of people here have commented that there are no winners in this situation. I would strongly disagree.

The winners here are the rest of us having this dickhead off the roads.

For two years at least (I wouldn't put money on him respecting the ten year ban). Only problem is that it's not for life.

Highflyer13

suicide_circus wrote: »

How many people do you have to kill through dangerous driving before you're put off the road for life?

2 years in prison for causing the death of 8 people is just mind blowing.

He also killed someone indirectly. One of the dead lads father killed himself 3 years to the day of the crash out of despair. So many lives have been ruined by his actions, so many broken hearts and this moron goes out on the roads again does some more dangerous driving. To me that shows that he has not reflected on his actions and has learned nothing. Also how the fook was he allowed back on the road?

The Backwards Man

FactCheck wrote: »

In addition to the eight dead victims, people should also spare a thought for Mrs McGilloway, who only narrowly avoided becoming a ninth victim, had her car destroyed, and had to endure four years of his legal defence trying to blame her for the whole incident, claiming (completely without basis) that she had been on the wrong side of the road.



Just for the sake of clarity, any talk of "convictions" in relation to that incident is irrelevant; he accepted a caution.

Yeah, a caution. You don't get a caution for dangerous driving, you get a caution when it can't be proven.

It must be great to live in the simple Utopian black and white world some of you people live in, where there is only right and wrong and nothing in between.
All this thread proves is the same old story. You don't want justice, any of you, you want blood. Ask any of the victims' families today if justice was done, I'll think you'll find they'll accept that it has.

fryup

what baffles me is the fact he get banned from driving for 10 years????

i mean ffs the guy "claims" to be brain damaged since the crash so surely he should be banned for life

is that judge a bit thick?

AudreyHepburn

A very sad situation for all, no winners here.

On the one hand I'm glad this foolish and dangerous driver is off the road, and he did take eight lives that day so he deserves some punishment.

Having said that there's nothing to be gained by acting as though this young man is the only person every to have sped and drove recklessly on our roads. I see people doing it everyday. But for the grace of god any one of them could be where this young man is.

Speed limits are there for a reason folks, if you can't or won't abide by them get off the road.

Venus In Furs

anncoates wrote: »

but these pointing the fingers does nobody any good type posts, well, fcuk that.

The posts in question are annoying and very dishonest.
It's like they're trying to be "the bigger person" than the rest of us kneejerk plebs who have a problem with someone speeding with seven passengers and a previous dangerous driving conviction - and who got done again for exceeding the speed limit after.
Even a post saying lots of us aren't angels behind the wheel, as if countless people show the same kind of utter contempt for safe driving that this guy has shown.

What's with the downplaying of what he did I wonder? Others who are fans of speeding, are from the area etc I guess.

RDM_83 again, I heard (albeit on some crap talk show) that it happened on a notoriously dangerous stretch of road.

When I first heard the main gist of the story I did feel a good bit more sorry for the guy, but the more details emerge, the more my sympathy diminishes - and I'm pretty easily duped into having sympathy for people at times!
Of course he's destroyed by guilt - anyone would be. Because of the consequences though, not because he drove maniacally.

Rubberchikken

the thing that i find so strangeis how someone who has driven carelessly, been stupid enough to drive an overloaded car, been found guilt of causing the deaths of the passengers and another driver can get into another vehicle and still drive in a careless/reckless way.

i personally, do not think i could sit behind the wheel ever again in his position.

in these circumstances, his licence should be removed for life. something tells me that while he's sorry it happened, he really may not have learned anything from it.

and i agree no one forced the others to get into the car. out of all of them, did not one of them have the cop on to see how dangerous and illegal it was?

ChippingSodbury

bucketybuck wrote: »

I don't have any driving convictions, I have never lied to the guards, I don't drink and drive, and I would never pile 7 people into a car and then kill them by driving irresponsibly.

Don't you fucking dare equate me to that murderer.

I'm terribly sorry for suggesting that you are anything other than someone who has never done anything wrong while driving.

The point is that it's not about being caught/ convicted/ causing a collision, it's about carrying out the dangerous action. Suppose his car had missed the unfortunate Mr. Friel and just ended up in a field and everyone was OK. Would he then face a custodial sentence? No, he wouldn't and other than receiving a (possible) bollicking from his family, there would have been no consequences.

My car was hit by a trailer that became detatched from a van travelling in the opposite direction. It took the side off my car: if it have come across the road another foot or two, it would have killed me without doubt. Because I wasn't killed, there were no charges levelled against the van driver even though the trailer hitch had been repaired prior to the accident. It was just luck that he didn't kill me so the consequences were purely material. It's the same for phone usage, speeding etc., the severity of the punishment shouldn't solely depend on the consequences when the consequences are purely down to chance.

irish_goat

Had a bit of sympathy for him til I heard he'd since been caught speeding a lorry through Buncrana at half 2 in the morning. Whatever about jail sentence, he clearly hasn't learnt how to drive and should be banned for life.

The Backwards Man

Venus In Furs wrote: »

The posts in question are annoying and very dishonest.
It's like they're trying to be "the bigger person" than the rest of us kneejerk plebs who have a problem with someone speeding with seven passengers and a previous dangerous driving conviction - and who got done again for exceeding the speed limit after.
Even a post saying lots of us aren't angels behind the wheel, as if countless people show the same kind of utter contempt for safe driving that this guy has shown.

What's with the downplaying of what he did I wonder? Others who are fans of speeding, are from the area etc I guess.

RDM_83 again, I heard (albeit on some crap talk show) that it happened on a notoriously dangerous stretch of road.

When I first heard the main gist of the story I did feel a good bit more sorry for the guy, but the more details emerge, the more my sympathy diminishes - and I'm pretty easily duped into having sympathy for people at times!
Of course he's destroyed by guilt - anyone would be. Because of the consequences though, not because he drove maniacally.

Nobody is downplaying what he did.

Some of us can convey our opinions on the case without the need for bloodlust, faux outrage and an unhealthy desire for vegeneance

Grand Moff Tarkin

How long before this mence claims another few lives on the road?

FactCheck

The Backwards Man wrote: »

Yeah, a caution. You don't get a caution for dangerous driving, you get a caution when it can't be proven.

Oh dear. No. Did you read the link I posted?

A caution is not a quiet word in your ear from the local guard. It is a formal legal process, and to accept one means you accept responsibility for what occurred. You must admit the offence. You must sign paperwork to this effect.

There is no dispute that he was driving dangerously that night. He accepted a caution to that effect - he has admitted it.

bucketybuck

Grand Moff Tarkin wrote: »

How long before this mence claims another few lives on the road?

Ah sure aren't we all likely to pile 7 passengers into a car and then speed down the road, sure it could happen to any of us at any time!

Apparently.

sReq | uTeK

Disgraceful, if he had learnt his lesson id say yea okay he was just a young idiot who has to now deal with the deaths of 8 people.

BUT **** ME, speeding again after the incident, he should have been locked up there and then for 10 years, this moron will probably do it again and endanger more lives when he gets out.

18MonthsaSlave

FactCheck wrote: »

In addition to the eight dead victims, people should also spare a thought for Mrs McGilloway, who only narrowly avoided becoming a ninth victim, had her car destroyed, and had to endure four years of his legal defence trying to blame her for the whole incident, claiming (completely without basis) that she had been on the wrong side of the road.



Just for the sake of clarity, any talk of "convictions" in relation to that incident is irrelevant; he accepted a caution.

I remember 30 years ago when my mother, the mother of a large young family was killed by a young man speeding against friends on public roads on a Saturday evening that his defence tried to blame my mother although he had come over on to her side of the road. A dangerous driving charge was reduced to reckless driving as a prosecution would hav been difficult to get with the lottery that is our legal system and he had his license taken away for 6 months.
A few years later he was prosecuted for speeding again. He learned little from the accident.

A small proportion of society are arseholes who bring nothing but pain to those who are unfortunate enough to cross their paths, be they friends or family or just other people going about their business.
When these people drive dangerously their license should be taken away from them and they should not be allowed driving anything larger than a 50cc moped without fulltime supervision.

2 years is not enough punishment for the damage done.

Also, the aftermath; This case dragged out because the insurer would not like the driver to admit liability and not there has been a judgement they will still drag out and try to reduce settlement with family of the victims; that is certainly what happened with our case. The insurers were utter bastards throughout and dragged out the settlement leaving us impoverished without a mother and wage earner there to look after us.

FactCheck

18MonthsaSlave wrote: »

I remember 30 years ago when my mother, the mother of a large young family was killed by a young man speeding against friends on public roads on a Saturday evening that his defence tried to blame my mother although he had come over on to her side of the road. A dangerous driving charge was reduced to reckless driving as a prosecution would hav been difficult to get with the lottery that is our legal system and he had his license taken away for 6 months.
A few years later he was prosecuted for speeding again. He learned little from the accident.

A small proportion of society are arseholes who bring nothing but pain to those who are unfortunate enough to cross their paths, be they friends or family or just other people going about their business.
When these people drive dangerously their license should be taken away from them and they should not be allowed driving anything larger than a 50cc moped without fulltime supervision.

2 years is not enough punishment for the damage done.

Also, the aftermath; This case dragged out because the insurer would not like the driver to admit liability and not there has been a judgement they will still drag out and try to reduce settlement with family of the victims; that is certainly what happened with our case. The insurers were utter bastards throughout and dragged out the settlement leaving us impoverished without a mother and wage earner there to look after us.

That's awful. I'm so sorry.

My first thought was, "oh my God, can you imagine being that guy.. effectively becoming a mass-killer in a matter of seconds" until someone mentioned the fact that he was caught for dangerous driving a year later.

What a horrible bastard. If you had any remorse or any guilt or any feelings whatsoever, would you really be driving a car at all after something like that, let alone driving dangerously and then providing fake details to Gardaí?

blueser

I have a lot of sympathy for the families of the bereaved; I can't imagine what they're living through every day, losing a loved one so needlessly. And I also have sympathy for the driver's family, knowing that their son/brother was responsible for the carnage that happened that night. But for Kelly? I have absolutely no sympathy. That is a ridiculously lenient sentence for the crime he has committed. And, as plenty have already said on here, if he had learned his lesson, it'd still be a tragic situation. But to be caught speeding again since the accident, and to give a false name to the gardai? The bloke is, to use a saying where I come from, a bad 'un. Any guarantees that he won't do it again when he comes out? He obviously hasn't learned from what he did.

unkel

The driving culture in some parts of the country, particularly in Donegal, is partly to blame imho. Whole generations of boys over there grow up driving dangerously as a matter of course.

I'm not sure if the 2 year jail sentence helps anyone and it isn't much of a punishment anyway. A very long suspended sentence would have been better. From Shaun Kelly's behaviour on the road, before and after the crash, he should never be on the road again. And if he was caught, he should serve 10 years in jail.