The family of a young passenger killed in a road crash has challenged a decision to refer a teenager whose actions allegedly contributed to the fatality to the Garda Youth Diversion Programme.
The High Court action has been brought by the family of Barry Griffin Jnr, who died following a road traffic collision at Ballymascanlon, Dundalk, Co Louth on October 20th, 2020.
The court heard the deceased was a passenger in one of two cars which were travelling at speed and “racing each other” at the time of the accident.
Mr Griffin was in a VW Passat driven by Brogan Kelly, who was prosecuted before the Circuit Criminal Court in connection with the incident. The other car, a Mercedes, was allegedly driven by another young male who cannot be identified for legal reasons.
Mr Griffin’s family claim An Garda Síochána’s decision to admit the driver of the Mercedes to the programme means he will not face a criminal prosecution.
They claim this decision, which they were not consulted about, is irrational and unreasonable given that their son lost his life in the incident and should be overturned.
Under the 2001 Children Act, minors may be admitted to the programme if they admit to certain allegations of criminal or anti-social behaviour and then agree to be cautioned and supervised.
‘Slap on the wrist’
In a sworn statement to the court, Barry Griffin Snr described the decision as “a slap on the wrist” for the young driver while his family had been left devastated over what happened to Barry Jnr.
It is alleged that on the date of the accident, and shortly after the two vehicles almost hit each other, Kelly lost control of the VW car. It veered onto to opposite side of the rod and collided with an oncoming car. Barry Griffin Jnr, who was 17 at the time, was fatally injured in the collision.
It is alleged that Kelly and the other passengers in the VW then left that vehicle, got into the Mercedes, left the scene and were driven to Northern Ireland. The Mercedes was later burnt out, allegedly by its driver, the court heard.
Kelly (19), of Rathduff, Dundalk, earlier this year pleaded guilty before the Circuit Criminal Court to charges arising out of the incident including dangerous driving causing death. He was sentenced to 5½ years with the final 18 months suspended.
The Griffin family, represented by Ronan Kennedy SC, say they were shocked to hear that the driver of the other car had been referred to the youth diversion scheme, meaning he will not be prosecuted in connection with the fatality.
They call on An Garda Síochána and the Director of Public Prosecutions to reverse the decision. Given what happened before the accident, the family believe the Mercedes driver would be treated in the same manner as Kelly.
The family said that they had sought, but were not given, full and particularised reasons for the decision not to prosecute the driver.
Quashing
In his judicial review proceedings, Mr Griffin Snr, of Castletown Road, Dundalk, seeks various orders and declarations against the Garda Commissioner and the director of the Garda Youth Diversion Programme. These include an order quashing the decision to admit the teen to the diversion programme.
They also want the court to order An Garda Síochána to provide the family with certain information including when the decision to admit the youth to the programme was made and why the family’s views were not sought before a decision was taken.
The family further seeks declarations from the court including that the decision challenged was unreasonable and irrational, and that given the nature of the offence allegedly committed by the youth, the decision was unlawful and contrary to the 2001 Children’s Act.
The matter came before Mr Justice Charles Meenan, who on an ex-parte basis, granted the applicant permission to bring the challenge. He made the matter returnable to a date in February.