A judge said that it was alcohol and speed that resulted in a motorist killing three pedestrians and not the possibility that he may have had an epileptic seizure as submitted in his defence in court yesterday.
Marius Tamulevicius (30), originally from Lithuania but now living in The Drive, Athlumney Abbey, Navan, was jailed for three years at Trim Circuit Court yesterday.
He pleaded guilty to dangerous driving causing the deaths of Philip Quinn (38), from Robinstown, Ballivor, Co Meath; Paul Lennon (42), Leighlinbridge, Co Carlow, and Slawomir Krzenek (34), a Polish national who had been living in Johnstown, Navan.
The accident happened at Kilcarn on the main Dublin road out of Navan at about 4.20am on January 8th, 2006.
An earlier court heard the car went out of control and on to the grass verge where the three men were walking. Garda Brian Havern, Navan, said the men were pronounced dead on arrival at hospital.
Their bodies had been found lying in three separate locations; one was on the roadway, one lying over a fence and another was found hanging upside down from a branch of a tree.
A motorist travelling in the opposite direction to the accused told gardaí she thought he was travelling "fast". She had just passed the pedestrians and his car when she heard "a loud bang" and saw a body "fly away" from his car and on to the middle of the road.
Tamulevicius told gardaí he was driving at up to 100km/h after drinking beer and spirits at a party.
He had five or six bottles of beer and then had eight or nine shots of vodka.
He was driving his passenger home when the crash happened.
He told gardaí that he "suddenly saw two people on the street in the middle of the street," and was unsure which way they were going. He started to brake and turned his car to the left.
He admitted travelling in excess of 80km/h and possibly up to 100km/h. The speed limit was 60km/h.
His barrister, Fergal Kavanagh, yesterday said there was no explanation for losing control of the car and it was possible that Tamulevicius had an epileptic seizure. He had a medical history of epilepsy.
Even if this was the case he accepted that he played a role in bringing it about by drinking on the night, Mr Kavanagh said.
Judge Michael O'Shea said he was not satisfied on the balance of probabilities that he had suffered any epileptic seizure.
However, he was satisfied "with regard to the substantial consumption of alcohol and excessive speed that these are matters that affected his ability to drive properly and have proper control of the car".
As a result of the accident Tamulevicius has developed post-traumatic shock and has received psychiatric treatment.
He had come to Ireland as an economic migrant to build a life here with his wife and daughter. His employer said he was a hard worker.
Judge O'Shea accepted Tamulevicius expressed regret at the earliest possible stage and he had written letters to the families of the dead.
He imposed a three-year jail term to date from February 9th last when the guilty plea was entered.