Husband picketed Dáil in quest for justice for late wife

Tom Carron The husband of the young woman who was killed in the fatal accident on the N3 on December 27, 2008 has expressed his deep upset to The Anglo-Celt at the fight he had to wage in order to get the case against the driver brought to trial. Finbar McGowan, 3, Lakeview, Oldcastle, said that he and his brother had to mount a picket outside Leinster House over a two month period in order to pressurise the authorities to name a trial date. Following a four-day trial a 32-year-old trainee garda, Mark McCaffrey, Cedarwood Lodge, Jamestown Road, Dublin, was convicted on a reduced charge of careless driving and driving with excess alcohol. He was arraigned on a charge of dangerous driving causing the death of Mr McGowan's wife, Teresa, but pleaded not guilty, citing black ice for causing his car to spin out of control, striking Mrs McGowan before it ended up against a roadside crash barrier. Mr McGowan said that he had been fighting for two and a half years to get the case to court. He was delighted with the way the gardai handled the case with the defendant being charged within the first six months following the fatal accident. The case was set to go ahead in October, 2009 and then suddenly he was told that it wasn't going ahead. It was scheduled for March 2010 but his hopes were dashed as it was put back again. It was then due to go ahead in December 2010 but it was adjourned once more. It was next set for hearing in March of this year but was again adjourned. Remarking that justice delayed is justice denied, Mr McGowan said that at that stage he and his brother decided to picket the Dail in order to demand a trial date. They picketed Leinster House every day for a full two months. Asked why he thought the case was so slow in coming to trial Mr McGowan said that the judge sitting at Cavan Circuit Court was inundated with work with 76 cases having to be heard. He made representations to a number of TDs from Meath but was disappointed with the response he received from them. One TD even remarked, "That man is going to be a guard, they don't want to hear that case". He then met the Labour TD, Emmett Stagg, who undertook to write to the Department of Justice and the Courts Service on his behalf. Mr McGowan said that he was resolved to continue with his picket until he got it in writing that the case was going to be heard. On April 26 he received confirmation from the Department of Justice and the Courts Service that the case was shortlisted for definite hearing at the June sittings of Cavan Circuit Court. An emotional Mr McGowan said that the State put him through undue stress by delaying the hearing of the case. The trauma of suffering the death of his wife was compounded by all of the adjournments and the uncertainty that built up over whether or when the case would go ahead. Speaking of the outcome Mr McGowan stated that someone had been convicted in respect of the accident in which his wife was killed. However, he felt that there should be a change in the law, especially where there was drink involved and that there had to be a maximum penalty handed down such as five years in jail in such circumstances. Mr McGowan complimented the Gardaí and all involved in the prosecution of the case for their good work. "The Guard who breathalysed him showed that there was no corruption in the Guards. The man who drove the car is penalised, he has lost his career as a Guard", he said. Mr McGowan said that during his daily picket of Dail Eireann he met others who had lost loved ones in such circumstances and they couldn't believe how long the case was taking. "I said I can't believe that you are not out on the street to get the law changed", said Mr McGowan. Explaining that he and his brother, Victor, drove to Dublin every day for two months to picket the Dail he says that he had to do this in order to seek justice for his late wife, Teresa and he believes that he has achieved that. He expressed disappointment that the driver of the vehicle in the initial accident never came to sympathise with him even though Teresa had stopped to help him and lost her life in doing so. Responding to a query from The Anglo-Celt on Mr McGowan's claims that there was an undue delay in the bringing of the case to trial the Department of Justice stated that the courts are subject to the Constitution and the law, independent in the exercise of their judicial functions and it is not open to the Minister to comment or intervene in any way in relation to how a particular case was conducted or the outcome of any such proceedings. "As you are aware the Courts Service has responsibility for the general management and administration of the Courts. Furthermore, the President of the Circuit Court, who is independent in the exercise of his judicial functions, is responsible for the allocation of Circuit Court business. The Minister has no function in this matter".