A disqualified driver who crashed into and killed a farmer while driving at speed during an argument with his girlfriend has been jailed for 5½ years and banned from driving for 30 years.
Henry Kiely (24) was already banned from driving for seven years when he crashed into Francie Browne's 4x4 in Co Donegal on September 6th, 2018.
Kiely fled the scene at Listillion on the outskirts of Letterkenny leaving both Mr Browne dying on the roadside and Kiely's girlfriend trapped in their car with serious leg injuries.
Gardaí found Kiely hiding in some bushes.
Mr Browne, a 55-year-old farmer, died from his injuries at Letterkenny University Hospital in the days after the crash.
Blood tests showed Kiely, from Killbarrow Cottage, Old Mallow Road in Cork, was not under the influence of alcohol or drugs.
Statements from a number of witnesses revealed how Kiely had been driving at speed in and out of traffic and overtaking on continuous white lines.
Letterkenny Circuit Criminal Court heard the accused had 44 previous convictions and had been serving a seven-year driving ban at the time of the crash.
In her victim-impact statement, Mr Browne’s widow Kathleen, told how Francie was her best friend and companion and how she still expects him to walk back through the door.
Both his children described their father as the happiest person they knew.
A forensic examination of the scene showed brake marks at the scene indicated Kiely would have had to have been travelling at more than 100km/h or he would have been able to stop in time before hitting Mr Browne’s vehicle.
Barrister Shane Costello, defending Kiely, said his client fled out of utter panic.
However, he said his client was “absolutely aware of the trauma he has perpetrated on the Browne family”.
A letter written by the accused in which he said he knew that no words could bring back Mr Browne and in which he apologised for his actions was read out in court.
Reference letters from a local priest in Cork, as well as a builders/providers, were also produced in court.
“If he could take it all back he would so in a heartbeat,” added Mr Costello.
Judge John Aylmer said the case was one of "furious driving in its truest sense".
He said the most aggravating factor in the case was the fact that he was driving while disqualified having previously served six months in jail for driving offences.
He said the fact he fled the scene leaving Mr Browne dying on the road and his injured girlfriend trapped and that he was driving without tax, insurance or a license were also aggravating factors.
He said the incident was at the upper end of the scale which merited a sentence of eight years before mitigation.
He said the mitigating factors included Kiely’s early plea, the references presented to court as well as his genuine remorse and that his sense of guilt had obviously taken a heavy toll on the accused.
The judge reduced the sentence 6½ years and suspended the final 12 months of this sentence meaning he will have to serve a total of 5½ years.
He also banned Kiely from holding a driving licence for 30 years.