Two men admit destroying evidence after fatal collision
TWO men who were involved in obstructing the garda investigation into a fatal hit-and-run were given suspended sentences by Judge Cormac Quinn at Nenagh Circuit Criminal Court.
Ben Flynn, of Springmount, Broadford, County Clare, and Kieran McInerney of Doon Road, Broadford, County Clare, had both pleaded guilty to impeding the course of the investigation into the fatal collision which happened at Carrigatoher, Nenagh, on July 11, 2020. Noel McGrath from Oola died and his wife, Doris, was seriously injured.
Ben Flynn’s uncle, Peter Flynn, of Grennanstown, Nenagh, had pleaded, in July 2020, before the same court to dangerous driving causing death and was sentenced to six years, with the final 18 months suspended.
Judge Quinn disqualified Peter Flynn from driving for 10 years.
That court had heard that Peter Flynn had been drinking with his nephew Ben Flynn and a friend before the collision. Ben Flynn was a front seat passenger.
After Peter Flynn left the scene he continued drinking in a pub in Broadford, County Clare, and only went to the gardaí later that evening after he discovered that Mr McGrath had died.
The court had heard that Mr McGrath, a former Limerick county footballer and prison officer, and his wife, Doris, from Tyone, Nenagh, had been driving an Audi TT convertible with the roof down when they were hit from behind.
The vehicle went down a ditch and flipped. Mr McGrath was trapped in the vehicle and died while being taken to University Hospital Limerick.
Doris McGrath, who was also taken to UHL for treatment, suffered life-changing injuries.
Sergeant Brian Duddy told the court that after the collision, Peter Flynn drove to Killaloe and concealed the car in a yard after he had removed the number plates.
Ben Flynn had admitted to gardaí that he got a friend, Kieran McInerney, to drive to the yard so he could get the car and “get rid of it,” Sgt Duddy said.
Ben Flynn had got into the car and followed Kieran McInerney, who had not been in their company but who had been in the bar in Broadford, to a forest area near Bodyke, County Clare, where they set the car alight by putting a plastic cattle feed bag into the fuel tank. They then tried to push it over a ledge but were unable to do so. The car was found the following morning by a walker who contacted the gardaí.
Kieran McInerney initially denied involvement but later said that he and Ben Flynn had driven to a forest to burn out the car.
However, he couldn't recall who exactly had set it alight.
Bill O’Brien Bl, for Ben Flynn, told Judge Quinn at his sentencing hearing, that his client had taken full responsibility for his actions and felt he deserved punishment.
He said Ben Flynn’s primary concern was for Mr McGrath and his family.
He said Ben Flynn was a young man who had left school after the Junior Cert, but who had a strong work ethic.
He said Ben Flynn maintained that it had been his idea to destroy the car and that he had not discussed it with his uncle.
What he did was “grossly stupid” as his uncle was already on his way to the gardaí, he said.
Mr O’Brien submitted his client's actions had been out of a “misplaced loyalty to his uncle”.
Counsel for Mr McInerney said that her client had fully co-operated with the gardaí and was remorseful. She said he wished to pass on his condolences to Mr McGrath’s family.
Counsel pointed out that Mr McInerney had not been present at the accident and had only become aware of it while watching TV that night.
“You could say he was in the wrong place at the wrong time,” she said. “He regrets his involvement”.
She said her client is a hard-working small farmer who lives with his elderly parents, who are not well. He is also involved in fundraising for charities.
Passing sentence, Judge Quinn said Ben Flynn had initially said he had brought the car to Doonbeg, which was not true and later admitted setting it alight in forestry.
Mr McInerney had admitted helping Ben Flynn.
“They both knew it was involved in a fatal collision and tried to destroy the evidence,” said the judge.
He said Ben Flynn had done it out of a “sense of loyalty” while Mr McInerney had committed a “serious error of judgement”.
Judge Quinn said their actions were to prevent the identification of the driver.
Ben Flynn had been a front seat passenger in the car and knew first hand that there had been a fatal accident. Mr McInerney also knew it had been involved in a fatal accident.
Judge Quinn sentenced Ben Flynn to 18 months imprisonment but suspended the sentence fully for 18 months on his own bond of €200.
He sentenced Mr McInerney to 18 months, which he fully suspended for 18 months, on condition he enter a bond of €200 .
He further ordered that Mr McInerney keep the peace and be of good behaviour and that he remain under the supervision of the probation services for six months.
He must also comply with all of their requirements.