Published: Wednesday, 21st July, 2010 5:00pm

'Seconds of madness' shatters young couple's dreams

Three years for fatal hit and run in Kingscourt

Cavan Courthouse.
Pic by==: 97

"I am dealing with a case in which seconds of madness removed from this planet a young man who was only four months married. All those dreams were wiped out in seconds and arose out of a piece of driving, which was truly dangerous," said Judge John O'Hagan at Cavan Circuit Court this week.

The judge made the comments as he imposed a three-year prison sentence on a 23-year-old man in respect of a charge of dangerous driving causing death. Kelvan Blaney, Cornagee, Mill Road, Kingscourt, pleaded guilty to the charge causing the death of Jonathan Heagney at Cormey, Kingscourt, on October 25, 2008. The defendant also pleaded guilty to driving without insurance and failing to stop after an accident.

Monica Lalor, instructed by Rory Hayden, State Solicitor, represented the DPP and Pat O'Connell, SC, Ken O'Connell, BL, instructed by Patrick Carolan & Co. solicitors represented the defendant.

Sergeant Kevin Gavigan informed the court that on October 24, 2008, Elaine Heagney and her husband Jonathan attended a wedding in Cabra Castle hotel. They later returned to their B&B and after a slight "tiff" the husband left for a walk. When he didn't come home, Mrs. Heagney became worried and reported him missing.

Garda Noel Folan and Garda Cathal Mugan searched around Cabra Castle in heavy rain. On the road near the entrance to the hotel, Garda Folan saw an injured body below an embankment - the shoes were missing. There was debris on the road and a shoe. They closed the road and called for assistance.

They ascertained that a red Audi crashed in the vicinity on the night concerned. Gardaí learned where the car was taken and drove to the home of the defendant.

Sergeant Burke cautioned the defendant and asked if he knew anything about an accident at Cormeen, Kingscourt. Kelvan Blaney replied that he crashed his car near the scene. He showed witness and Sergeant Burke a damaged car. The defendant said that as he was driving from Kingscourt to Carrickmacross he noticed a man come across his windscreen. He got out and checked the damage, but saw and heard nothing. He then drove "like mad" on the road beside Cabra Castle and lost control and crashed.

Witness said Kelvan Blaney told them that he was driving at 50-60mph. It was dry and there were good lights on the car. He was about to light a cigarette and his eyes were off the road for a moment. It was over in an instant and the person was dressed in dark clothing.

Sergeant Gavigan said Kelvan Blaney arranged for his car to be towed home, and told the person towing not to go through the town and to turn off the body lights. During their enquiries, gardaí were informed that Kelvan Blaney had been drinking on the night concerned. Kelvan Blaney was going to drive but was advised not to do so and agreed not to. According to witness, Kelvan Blaney later admitted having five pints.

Witness said state pathologist Dr. Marie Cassidy concluded that Mr. Heagney's death was due to head, chest and lung injuries. Kelvan Blaney was arrested at 8.55pm on October 25, 2008, for dangerous driving causing death and taken to Bailieboro Garda station.

Sergeant Gavigan said Kelvin Blaney, a cabinet maker by occupation, didn't have insurance for the night concerned. He had a previous conviction for careless driving.

In reply to the judge, the sergeant said Mr. Heagney's body was found about 4.5m from the road. Witness agreed with Mr. O'Connell that Kelvan Blaney's mother was shocked when gardaí called to her home. She had no knowledge of what occurred and gave gardaí permission to examine anything in her house. It wasn't until Saturday that Kelvan Blaney told his sister and father about the accident. His father told him to clean himself up and to go and tell the gardaí.

Mr. O'Connell submitted that because the defendant had taken drink he arranged for his mother and sister to be taken home by taxi from the wedding, and only when a friend had broken down that he took the car out.

Elaine Heagney said the loss of her husband had a heart-breaking impact on her. They were married three months but had been going out for eight years. They built a new home.

Kelvan Blaney was deeply sorry; he wrote a letter to Mrs. Heagney but his solicitor advised him not to send it. He read the letter to the court.

Kelvan Blaney's mother Yvonne Burd said she was at a wedding on the evening of the accident. Up until the accident Kelvan lived at home but moved out shortly after because he found it difficult being so close to Jonathan Heagney's relatives. She thought her son would never get over what happened.

Mr. O'Connell submitted that speed didn't appear to be a factor in the accident. The defendant was constantly employed and his employer was prepared to keep a job for him.

Judge O'Hagan described what occurred as a nightmare for everyone. The defendant got into his car while he was unfit to drive and in the knowledge that he was not insured. This was a deliberate act for which he had to pay the consequences. His behaviour after the accident was disgraceful. He sentenced Kelvan Blaney to three years imprisonment for dangerous driving causing the death of Jonathan Heagney, and disqualified him from driving for eight years. For driving without insurance he sentenced him to six months imprisonment and disqualified him from driving for 18 months. For failing to stop following an accident he marked the charge proven and taken into account.

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