A court has ruled that a man who served his sentence for dangerous driving causing the death of a pedestrian can have his driving licence restored.
Callum Grimes suffered catastrophic brain injuries when he was knocked down at Loughshinny, Skerries, Co Dublin in the early hours of December 27th, 2016.
He was found unconscious by a delivery man the following morning, and died from his injuries in Beaumont Hospital seven months later, in July 2017.
Derek Keane (44), of The Cottage, Loughshinny, Co Dublin, was sentenced to five and a half years in prison and disqualified from driving for six years.
Keane was released from prison last month after serving four years and two months of his sentence and applied to have his driving licence restored.
At a hearing in Dublin Circuit Criminal Court on Thursday, Judge Martin Nolan ruled that Keane could have his driving licence back as he had completed the required two-thirds of his prison sentence.
Judge Nolan described Keane’s behaviour as “disgraceful”, but said he had served the appropriate part of his sentence and had now emerged and wanted to get on with his life to some degree.
The judge noted the hardship and trauma endured by the Grimes family, but said the main part of Keane’s sentence had been the prison term, adding that he had served his time.
Opposition
The State had opposed the return of Keane’s driving licence due tothe serious nature of the offence and the great deal of distress it caused in Skerries at the time.
Fionnuala O’Sullivan BL, prosecuting, pointed out that Mr Grimes got hypothermia when he was left unconscious on the road and never regained consciousness.
A garda inspector told the court that when a bread delivery driver discovered Mr Grimes the following morning: “Ice had formed on his shins.”
The inspector said the unusual thing was that Mr Grimes had been removed from the road with his arms and legs arranged, and his shoes lined up neatly beside him.
The court presviously heard there was evidence that Mr Grimes had been moved after he was struck by the vehicle, but there was no evidence that this was done by Keane.
The court heard Mr Grimes had been walking along the rural road when he was hit. Other road users who came forward to gardaí reported that he did not appear drunk and stepped out of the way anytime a car approached.
Keane went to gardaí the following day after he discovered his damaged vehicle parked at his house and heard that a young man had been injured in a hit-and-run.
Drink-driving
The court heard Keane told gardaí he had drunk 12 to 15 pints the evening before and had no memory of getting into his van or of driving home on the night in question.
Counsel for the defence said Keane told gardaí: “I don’t recall what happened, but I know something happened.”
Counsel for Keane said he is a qualified electrician and has been offered a job on the basis that he can get his licence back.
The judge noted that Keane had a work history as a firefighter prior to this offence and had a good record.
Keane previously pleaded guilty to dangerous driving causing death and to failing to provide assistance at the scene on December 27th, 2016.
Mr Grimes’ father, Mark, addressed Keane directly at a previous hearing, saying he would never understand how he could have left his son at the side of the road.
He said he often wondered if those critical first hours could have made a difference, and criticised Keane's delay in pleading guilty, saying it had put the family through “two years of hell”.
In a lengthy victim impact statement, Mr Grimes described the agony endured by the family as they watched their son suffer numerous operations, invasive procedures and blood clots in Beaumont Hospital.
He read out various diary extracts he and Mr Grimes’ mother had written for their son, in the hopes that he would one day wake up and read about what happened to him.
The family made the decision to turn off his life support on July 13th, 2017, after they were told he had “passed beyond hope”, the court heard. Callum Grimes died the following day, aged 28.
