A Burnfoot man who was sentenced to one year in prison after what a Judge described as “a horrendous incident of dangerous driving” has had his sentence reduced to a fine of €6,000 on appeal.
Gavin Kelly, 24, was sentenced to two six month consecutive terms following a high-speed pursuit in Inishowen on May 22, 2021.
Kelly was driving a VW Caddy van when he was spotted by Gardai around 8pm between Bridgend and Burnfoot traveling at estimated speeds of up to 140kph.
Evidence was given how the van failed to yield at a junction and was driving at speed on the wrong side of the road while Gardai were i pursuit.
Gardai eventually lost sight of the vehicle and other Gardai were called to search for the speeding car as part of what was described as an extensive search.
Members of the public then told searching Gardai that a van had crashed and that four men had exited from the vehicle.
They were told the driver was wearing a pink shirt and jeans.
Officers eventually found the car which had no seats in the back.
A further search found two men hiding in a local cemetery, one of the men wearing a pink shirt and jeans.
Gardai spoked to the man who gave his name as Gavin Kelly, of Garvery, Burnfoot and he identified himself as the driver of the van.
Having previously heard the evidence in the case in July, 2024, Judge Ciaran Liddy, said the case involved “a horrendous incident of dangerous driving” through a large number of townlands.
Kelly had returned to answer the case from Australia where he was working, appearing first at Buncrana District Court and then Glenties District Court.
The court heard the accused failed to stop despite the numerous attempts of Garda Michael Rafferty to halt the “reckless driving”.
Judge Liddy said the sentence had to reflect the seriousness of the driving. On two of the dangerous driving charges, Judge Liddy sentenced Kelly to six months in prison. He ordered the sentences are to run consecutively, giving Kelly a total sentence of one year in prison.
He was also disqualified from driving for four years – two years each on two of the charges.
Kelly appealed the sentence which was heard at Donegal Circuit Court this week.
His solicitor, Mr Frank Dorrian, said his client had no previous convictions and has not had any convictions since.
He said he now held a responsible position where he supervised up to 60 employees at a company in Australia where he was also in a relationship with a young lady.
A reference for Kelly was also handed into court on behalf of Buncrana GAA Club.
Mr Dorrian said that his client made a full apology for his behaviour on the day.
He said that when approached by Gardai he acknowledged that it was he who was driving the car.
“One bad decision tended to follow another. The panic which sets in became accentuated,” said Mr Dorrian.
The court had been told there was a smell of drink in the van and that some of the passengers may have been drinking but that Kelly had proven negative for driving under the influence.
Mr Dorrian added that his client had become quite upset when he found himself in the situation as he had no similar experiences of such situations.
He said his client planned to return to Australia and to full-time employment.
Judge John Aylmer asked the court if Kelly had met any other motorists during the pursuit or if any other motorists had to take evasive action.
Garda Sergeant Oliver Devenney replied that there was no evidence of this.
Judge Aylmer said it was clear that Kelly made a grievous mistake in circumstances where he had been out drinking with his “buddies” and then he took a chase where he feared he might have been drinking and was over the limit.
He said that the driving was “appalling” and had it been the case that members of the public had been put at risk and that vehicles had to swerve away then he would have had no hesitation in confirming and imposing the custodial sentence.
However, he said he had asked this question and there was no evidence of any kind that this was the case.
Judge Aylmer said he was also impressed not only by the fact that this was a singular occasion of criminal behaviour but that he was making a very positive contribution to life in Australia.
He also referenced the positive references from his employer and the local GAA Club.
“I take the view that to impose a custodial sentence in circumstances in relation to his new life abroad would be disproportionate,” he added.
Instead, he replaced each prison sentence with a fine of €3,000 (total €6,000) and imposed a mandatory driving disqualification of two years.
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