Ballyjamesduff man jailed for dangerous driving causing the death of a pensioner

A County Cavan man, extradited to Northern Ireland for causing the death of a pensioner over three years ago, was jailed yesterday (Wednesday) after a Co Tyrone judge ruled there were no justification in suspending his four-year sentence.

Brian Lynch from Cloggagh, Ballyjamesduff, pleaded guilty to causing the death by dangerous driving of Margaret McLaughlin (69), but absconded and failed to show for sentence originally set for May last year.

A European Arrest Warrant was issued for the now 24-year-old who also admitted not having insurance or the appropriate licence for the 18-foot cattle lorry he was driving at the time of the accident outside Strabane on April 24, 2017.

Lynch had just bought the cattle lorry when he drove through a red light at the junction of the Great Northern Link and Urney Road, in the border town before hitting the car in which Mrs McLaughlin was a front seat passenger.

Although rushed to Altnagelvin Hospital, she died from chest injuries early the following morning.

At a video-linked hearing yesterday at Dungannon Crown Court, Judge Brian Sherrard QC commented on letters received by the victim’s family expressing distress at the delay.

He told Lynch he could see "no justification in suspending" his sentence and the delay in sentencing was, “principally caused by you equivocating on pleading guilty then absenting yourself.

"Concern for your own welfare took first place over the interests of justice and the victim’s family.”

Judge Sherrard said causing death by dangerous driving carries a maximum term of 14 years in prison. "Mrs McLaughlin was a much-loved wife, mother, grandmother and cherished within her community, previously working as a housekeeper for the Priest at Melmount Parish,” remarked the judge.

He told Lynch: “I have no doubt your immaturity contributed to poor judgement and decision making. Unfortunately, many of these cases involve youths and youthfully folly while driving.”

Earlier a defence barrister said Lynch's “timely guilty plea”, spared the necessity of a trial, adding, “I am instructed to make clear his apology and profound regret in the death caused, and for the effect his conduct has had by not appearing for sentencing.”

However, a prosecution lawyer revealed Lynch had a further conviction in February 2019 for using a mobile phone while driving.

“Although relatively minor, it may be some indication when dealing with the level of remorse,” the prosecution contended.

The lawyer added: “Credit for a guilty plea has the important distinction of efficient disposal of cases and the removal of the pressure they create on families, particularly where there is a deceased. That timely plea is wholly overwritten now as he left the jurisdiction a year ago and made no effort to make himself amenable. The European Arrest Warrant had to be initiated to extradite him back … It’s through no assistance of his that he is now before the court …His actions are inconsistent with remorse.”

Lynch, who will serve two years in custody, followed by two years on licence, was also banned from driving for three years.