A farmer who acted in a “thuggish” manner towards his elderly aunt, before causing her death by driving over her in an agricultural teleporter, has had his sentence cut by 18 months on appeal.
Michael Scott had been sentenced to six years in prison by Ms Justice Caroline Biggs at the Central Criminal Court in June 2023, but appealed the severity of that penalty.
At the Court of Appeal on Wednesday, Mr Justice Brian O’Moore reduced Scott’s sentence to four years and six months after considering the farmer’s remorse, lack of previous convictions, work history, status as a family man and low risk of reoffending.
The appeal judge said Scott’s negligent behaviour in driving the teleporter outside 76-year-old Chrissie Treacy’s home without keeping a proper lookout had warranted a headline sentence of six years, not eight years as the trial judge had said.
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Following Wednesday’s successful appeal, Scott embraced members of his family before being taken away to continue serving his sentence.
Scott (61), of Gortanumera, Portumna, Co Galway, was initially charged with murdering Ms Treacy outside her home in Derryhiney, Portumna, Co Galway, on April 27th, 2018.
A jury found him not guilty of murder but guilty of manslaughter on the basis of gross negligence.
At the Court of Appeal, Mr Justice O’Moore said the aggravating factors were that Scott’s view through the rear window of the teleporter was obstructed by dirt, a mirror was missing and he did not keep a proper lookout while reversing across a yard outside his aunt’s home.
He also noted Scott’s previous behaviour towards his aunt, which he described as ranging from “unacceptable to thuggish”.
However, he disagreed with Ms Justice Biggs’s finding that Scott’s offending had warranted a headline sentence of eight years.
He found this was an error and quashed the sentence before imposing the new sentence, which he backdated to June 12th, 2023.
Michael Bowman SC, for Scott, told the court last February how his client’s conviction came on the basis he had failed to keep a proper lookout or use proper caution while reversing across the yard outside Ms Treacy’s home.
Mr Bowman said that given all the circumstances the eight-year headline sentence identified by Ms Justice Biggs was too high.
Dean Kelly SC, for the Director of Public Prosecutions, said the trial judge had properly used her discretion in arriving at the headline sentence.
Scott’s trial heard there had been a long-running dispute between Ms Treacy and Scott over land.
Ms Treacy and her brothers had farmed about 140 acres at Derryhiney and she owned another farm at nearby Kiltormer.
Following the deaths of Ms Treacy’s brothers, Scott came to own half the land at Derryhiney and Ms Treacy owned the other half.
She leased her land at Kiltormer and Derryhiney to Scott.
In early 2017, Mr Scott did not bid to continue leasing the land from Ms Treacy in Kiltormer when it went up for auction.
By Christmas 2017, Ms Treacy had made an application through her solicitor to split the land at Derryhiney and put a new lease on the half that she owned.
In February 2018, Ms Treacy’s loyal and much-loved Jack Russell dog Bradley “vanished” from her home, which the original sentencing hearing was told “broke her spirit”.
On the day of Ms Treacy’s death, Scott told gardaí, he drove to the yard outside his aunt’s home to do work on the farm.
He said he got into the teleporter and was reversing across the yard when he felt a “thump”, thought he might have hit a trailer and moved the teleporter forward to level ground.
He said when he got down from the cabin he saw his aunt lying on the ground, the court heard.
After the death, the court was told Scott did not call emergency services but phoned a friend and waited for him to arrive.
He later said he did not know the number for the local hospital or doctor and said he was not aware a person could contact ambulance services by calling 999.
