*Amy & Estlin Wall.
THE STATE is to oppose a court bid by the driver whose careless driving caused the death of Estlin Wall (3) to have his driving licence restored early.
At Ennis Circuit Court on Tuesday, counsel for Senan O’Flaherty (66), Rebecca Treacy BL told Judge Francis Comerford that she will be making an application on behalf of Mr O’Flaherty for the restoration of his driving licence.
Ms Treacy told the court, “I understand that there is a State objection.”
In April 2020, as part of his sentence at Ennis Circuit Court, a four year driving ban was imposed on Mr O’Flaherty of Lower Gowerhass, Cooraclare, Co Clare for the careless driving causing the death of Estlin Wall on March 15th 2017 – a number of days before Estlin was due to celebrate her fourth birthday.
Ms Treacy told Judge Comerford on Tuesday morning, “We are all ready to proceed with it if the court can hear the matter in the afternoon”.
Judge Comerford said that he would hear the matter after 2pm on Tuesday.
Last year, when speaking on the matter, the mother of Estlin, Amy Dutil-Wall said that learning that Mr O’Flaherty was seeking a restoration of his licence before his four year ban is served “is another dagger in the heart”.
At Ennis Circuit Court in April 2020 on hearing of the four year driving ban imposed on Mr O’Flaherty, Ms Dutil Wall commented from the body of the court “That’s how old my daughter was – four years”.
In her comments last year, Ms Dutlin Wall stated. “To us the four year driving ban didn’t seem like much of a hardship in the first place compared to what we have lost. We feel very passionately that he should have to do the full four years”.
The March 2017 crash left Estlin’s father, Vincent unconscious for a number of weeks at hospital and he missed Estlin’s funeral and today continues to recover from a brain injury sustained in the crash.
At Ennis Circuit Court in April 2020, Judge Gerald Keys imposed a €750 fine on small farmer, Mr O’Flaherty for the careless driving causing the death of Estlin Wall on March 15th 2017.
Judge Keys also imposed a €750 fine on Mr O’Flaherty for careless driving causing serious bodily harm to Mr Wall on the same date near the village of Inagh.
Imposing sentence, Judge Keys stated that Mr O’Flaherty’s culpability was low and “at the bottom end of the spectrum” in the accident.
However, the DPP successfully appealed the undue leniency of the sentence and a three judge Court of Appeal in January 2021 imposed a 16-month sentence on Mr O’Flaherty but suspended the entire term on condition that he be of good behaviour for two years.
The court found that the trial judge was wrong to place Mr O’Flaherty’s culpability at the lower end of the scale with Ms Justice Isobel Kennedy saying he was at the “upper end” and that his blameworthiness was more significant than that identified by the judge.
The court upheld the €1,500 fine and a four-year driving ban.
