Jailed for dangerous driving causing harm

Michael McDermott, 11 Lurganboy Park, Newtownbutler, Co. Fermanagh, was sentenced to 18 months imprisonment by Judge John O'Hagan at Cavan Circuit Court, for dangerous driving causing serious bodily harm to Caroline McMulkin, Irvinestown, Co. Fermanagh and her children Gerard and Javed, at Annageliff, Cavan, on August 24, 2007. Caroline McMulkin, replying to Monica Lalor for the DPP, outlined the serious injuries that she and her children sustained as a result of their car being struck by the defendant's vehicle on the date concerned. She told the court that the incident had a deep affect on her own life and the lives of all of her family. She suffered flashbacks every day and perhaps the court hearing might give her an opportunity to close a door and to be healed. When Judge O'Hagan remarked that it wasn't his job to inflict revenge, Ms. McMulkin said that she didn't want revenge. Anthony Sammon, SC for the defendant, said that Mr. McDermott sustained very serious injuries in the collision and had to use crutches to get around. He regretted the harm he caused having lost control of his car when he was the victim of a sustained assault by someone in the vehicle. Mr. Sammon urged the judge to give the defendant a non custodial sentence. Stating that it was a very sad case, Judge O'Hagan noted that Michael McDermott had ended up in a serious medical condition. The collision had also destroyed the McMulkin family - Caroline McMulkin had to undergo a considerable number of operations and would be affected by the injuries for the rest of her life. Her children also suffered particularly Gerard who had to undergo considerable surgery and may require further surgery. Judge O'Hagan acknowledged the defendant's early plea but noting the Garda forensic analysis that McDermott's car was travelling at 93km/h at the time of the collision, he said that speed was an aggravating factor in the case. He said that Mr. McDermott was the skipper of the vehicle and was responsible for the control of it. If someone was causing him difficulty, he should have stopped the car and phoned the gardaí. Mr. McDermott was assaulted on at least five occasions but he kept on driving and ended up losing control of the vehicle, he said. The judge sentenced the defendant to 18 months in prison and disqualified him from driving for five years.