A motorist escaped a prison sentence for causing the death of a six-week-old baby after the child's grandmother pleaded for leniency. Judge Raymond Groarke told Dundalk Circuit Court the only reason he was not jailing the motorist was because of Mrs Mary Connolly, who had said the family of baby Michael Connolly had forgiven Fabian Kerley and he had suffered enough.
Kerley (29), from Corcreaghy, Dundalk, Co Louth, pleaded guilty to dangerous driving causing the death of the infant on March 31st, 1997, at Knockcor, Dundalk, and to drunk driving. He was driving home from the pub when he overtook on the wrong side of the road, colliding with a car driven by Mrs Connolly. The infant was on the lap of a front seat passenger and had died shortly after.
In court six weeks ago, Mrs Connolly said she and the family had forgiven Kerley and did not want him to go to jail. The children of both families "pal around" together and she believed he had suffered enough. Kerley told the court he was ashamed of what he did and could never forget it. He would never drink and drive again. He was remanded in custody until yesterday for sentencing.
In court yesterday, Judge Groarke said the consequence of Kerley's criminal conduct was the death of an innocent person. He would normally have no hesitation in sentencing him to a very long period in prison but accepted the crime was entirely out of character and Kerley was normally extremely law-abiding and had felt great remorse.
He imposed a suspended three-year sentence and disqualified him from driving for seven years.