Young man involved in fatal crash fined €400 for having no NCT

February 6, 2017

A young man who was driving a car in which his girlfriend was killed following an accident has been fined €400 for having no NCT on the vehicle.

Gary O’Donnell appeared at Letterkenny Circuit Court charged with failing a seatbelt and having no NCT on October 14th, 2014.

The court was told that there was a more serious charge of which Mr O’Donnell, now aged 22, was acquitted of.

Although no mention was given in evidence of this incident, Mr O’Donnell was the driver of a car which was involved in an accident which claimed the life of Kym Harley.

Mr O’Donnell, of Steeple View, Dunwiley, Stranorlar, was recently found not guilty of dangerous driving causing the death of Ms Harley.

It had been established that Mr O’Donnell had not been wearing a seatbelt on the date of the accident at Dreenan, Ballybofey, but a delay in providing the accused with a fixed penalty notice meant that the charge was dropped.

The court heard that there had been no valid NCT on the vehicle Mr O’Donnell was driving since May 5th, 2013 but that he had not purchased the car until October 8th, 2014, less than a week before the accident.

Barrister for Mr O’Donnell, Mr Peter Nolan stressed that the lack of an NCT was “not a factor in the principle incident.”

Judge Martin Nolan was told that Mr O’Donnell had no previous convictions for road traffic offences.

He said he was taking into account his plea and his age and said that he did not believe that in any circumstances a custodial sentence was merited.

He asked if Mr O’Donnell was working and his father told the court that he was now working with him and was earning approximately €200 a week.

Judge Nolan fined Mr O’Donnell €400.




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