BREAKING: ‘Shandies don’t count’: Limerick man jailed for dangerous driving causing death of lorry driver
The road traffic collision involving a car and a truck occurred on the N21, Reens East, Ardagh, four years ago
A LIMERICK man, who was found guilty by a jury of dangerous driving causing death and drink driving, told gardai “shandies don’t count”, a court has heard.
Judge Simon McAleese said the defendant Niall O’Halloran had “not shown a single jot of remorse”, at a sentencing hearing at Limerick Circuit Criminal Court this Wednesday.
Mr O’Halloran, aged 57, of Woodfield Drive, Newcastle West, had pleaded not guilty to dangerous driving causing the death of 35-year-old Latvian national Arturs Birznieks and driving while under the influence of an intoxicant.
The trial commenced on February 23 and lasted nine days. The seven men and five women of the jury returned unanimous verdicts after just over an hour of deliberations on March 5.
The court heard Mr O’Halloran was “steaming drunk” when he drove his car into the path of a truck being driven by Mr Birznieks on the N21, Reens East, Ardagh, County Limerick in the early hours of March 18, 2022.
Prosecuting barrister Lily Buckley, instructed by State solicitor Brendan Gill, summarised the evidence with the assistance of senior investigating officer, Inspector Padraigh Sutton, for Judge Simon McAleese at the sentencing hearing this Wednesday.
Mr O’Halloran was driving a Volkswagen Passat in the opposite direction, travelling towards Newcastle West.
The court heard Mr O’Halloran drove his car onto the wrong side of the road and into the path of Mr Birznieks’ lorry.
Mr Birznieks tried to take “evasive action” by steering his lorry away from Mr O’Halloran’s oncoming car to try to avoid a collision. Mr Birznieks slowed his lorry down, and “through no fault of his own” lost control after Mr O’Halloran’s car impacted with the front passenger side of the lorry damaging its steering and fuel tank.
The lorry “jack-knifed” on the road and struck a wall where Mr Birznieks, a father-of-two, died at the scene.
The court heard that Mr O’Halloran was probably six times over the legal limit at the time of the collision shortly before 3am on the date in question.
Ms Buckley said gardai discovered, through location data points on Mr O’Halloran’s phone, that he had attended the St Patrick’s Day parade in Newcastle West, and frequented Ned Kelly’s bar in the town and later the pub in Janesboro FC in Limerick city.
Ms Buckley said Mr O’Halloran went into work in Johnson & Johnson in Castletroy an hour-and-a-half late and left early. The court heard Mr O’Halloran returned to Janesboro FC.
Mr O’Halloran later told gardai he was not drinking but “had a few shandies”.
Ms Buckley asked Insp Sutton if Mr O’Halloran said “no, at the end of the day” when he was asked by gardai, “If he considered a shandy a drink?”
“Unbelievably, yes,” said Insp Sutton, who later added that according to Mr O’Halloran “shandies don’t count”.’
Gardai also asked Mr O’Halloran if he had any feelings towards the deceased?
“I have enough to deal with with my own injuries. I did not cause the accident,” replied Mr O’Halloran to gardai.
The accused has a previous conviction for drink driving dating back to 2011.
Ms Buckley read out a victim impact statement on behalf of Mr Birznieks’ wife, Ina.
“The death of my husband, Arturs, was an immense blow to our family. He was not only a beloved husband but also a caring father to our daughters. After his tragic death, our lives were changed forever.
“Every day is filled with pain and grief. I had to learn to manage all responsibilities alone - caring for the children, running the household, and dealing with financial matters that we once shared together.
“Our children have struggled deeply with the loss of their father. They lost not only a parent, but also the support, protection, and love that only a father can give. For girls, having their father beside them - his care, protection, and guidance - is especially important. Losing their dad has been a serious emotional trauma for them.”
Mrs Birznieks said the loss of her husband also had a profound impact on her emotional and physical health.
“For a long time after the tragedy, I suffered from deep depression. I had to seek medical help because the stress and grief seriously affected my health. It was one of the most difficult periods of my life.
“After the tragedy it was also difficult for me to return to work. At first, my younger daughter was very small, only four years old, and she needed me even more. Even now my ability to work is limited because I have to take care of my children and pick up my younger daughter from school during the day.”
This tragedy has left a deep wound in our lives, said Mrs Birznieks.
“There are things that can never be restored or fixed. The loss of a husband and a father has changed our family forever.
“We hope the court will take into account the full extent of the suffering our family has endured as a result of this tragic event.”
Mr O’Halloran was represented by Mark Nicholas SC, appearing with barrister Kenny Kerins, instructed by solicitor Michael O’Donnell, during the trial and the sentencing hearing this Wednesday.
Mr Nicholas said it was a tragic loss of a hard-working man who was loved and is missed by his family.
He said Mr O’Halloran has full appreciation in relation to the tragedy but that his position in the trial - that he did not cause the accident - remains the same.
“He gave an account early to gardai and maintains it. It is his honestly held view that “he (Mr Birznieks) came over to his side of the road,” said Mr Nicholas.
Counsel asked Judge McAleese to take into consideration that Mr O’Halloran is a 57-year-old married man with children and has a history of hard work.
Mr Nicholas said there was no excessive speed by his client, no distraction from a mobile phone and he didn’t leave the scene. He said Mr O’Halloran’s vehicle was taxed, insured and had an NCT.
Mr Nicholas said Mr O’Halloran’s one previous conviction was from 15 years.
After considering matters over lunch, Judge McAleese said the sentence imposed has to be proportionate to the offence.
The judge said Mr O’Halloran’s attempts to blame the victim were “atrocious and reprehensible” and he has “not shown a single jot of remorse”.
He jailed Mr O’Halloran for seven years for dangerous driving causing death. Judge McAleese imposed a six month prison sentence for driving under the influence of an intoxicant which is to be served concurrently.
There was no reaction from Mr O’Halloran to the sentence. As he was being led away by a prison officer, Mr O’Halloran said: “I’ll appeal that. That’s a f*****g disgrace.”