At Ennis Circuit Court, Judge Francis Comerford has imposed a five year prison term suspending the final six months on Saoirse Lillis McMahon (33) for the dangerous driving causing death of Michael Lorigan (70) on August 16th 2023 on the N67 at Baunmore, Kilkee in west Clare.
Judge Comerford also imposed a seven year driving ban on Ms Lillis McMahon of Moveen East, Kilkee who was driving under the influence of alcohol and had a ‘cocktail’ of drugs in her system, including cocaine.
During the sentencing hearing, Ms Lillis McMahon wept as the circumstances around the crash were laid out and during four victim impact statements read out to the court.
Imposing sentence, Judge Comerford said that Ms Lillis McMahon was driving the car “when she was completely unfit to drive and posed a real danger to anyone that she came across”.
Judge Comerford said that Ms Lillis McMahon posed “a very real danger” to her two boys, aged 6 and 9 at the time, who were passengers in the car, due to the intoxicants that she had taken.
Mr Lorigan was coming towards the end of a 55 mile cycle and was just five miles away from meeting his wife, Dympna in Kilkee where the two planned to celebrate their 39th wedding anniversary.
In one of a number of heart-rendering victim impact statements read out in court, Dympna said that she passed Michael out in her car at 12.15pm on the day on her way to Kilkee and she commented “that was the last time I saw him alive”.
Ten minutes later, local Gardai received a call from a motorist of a car driving erratically on the N67 and Gardai despatched a car to the area.
However, before Gardai arrived, the same motorist phoned Gardai again to see that she had just witnessed that same blue Vauxhall Astra car crash into a cyclist.
In evidence, Garda Noreen King told the court that Ms Lillis McMahon’s car struck Mr Lorigan’s bicycle from behind as the two were both heading towards Kilkee.
Garda King said that motorists had witnessed Ms Lillis McMahon’s car swerving across the road before impact. Garda King said that conditions for driving were good on the day and Ms Lillis McMahon struck Mr Lorigan on a long straight stretch of road.
Mr Lorigan – who spent his entire teaching career in The Modh Scoil in Limerick and lived in Kilkishen, Co Clare – was wearing a helmet and counsel for the State, Sarah Jane Comerford BL (instructed by State Solicitor for Co Clare, Aisling Casey) said that a post mortem found that Mr Lorigan died from blunt force injuries to the neck and head.
Mr Lorigan was pronounced dead at the scene.
Garda King said that Ms Lillis McMahon and her two children were all visibly upset at the scene.
Garda King said that an open bottle of wine was observed on the front passenger seat of Ms Lillis McMahon’s car.
Ms Comerford said that Ms Lillis McMahon was unsteady on her feet and was cautioned immediately due to the strong smell of alcohol.
Ms Comerford said that Ms Lillis McMahon subsequently failed a test for alcohol where she showed a 93mg of alcohol per 100ml of urine – the legal limit is 67mg of alcohol and she was 50pc over the legal limit.
Garda crash scene investigator, Garda Brendan Condon found that Ms Lillis McMahon was driving at a speed of between 81kmph and 99 kmph before impact and did not brake before impact.
The report by Garda Condon found that the car was dangerously defective. The speed limit for that stretch of road was 100km ph.
Garda King said that after caution Ms Lillis McMahon said “I cannot believe that I have killed a man’.
Ms Lillis McMahon had stayed with a friend the previous night in Crusheen where there were some drugs taken.
At Garda interview, Ms Lillis McMahon expressed remorse and said that she thought of Mr Lorigan’s wife all the time
She said: “I am sorry it happened – the night before wasn’t planned at all. I had my kids with me. It shouldn’t have happened. I think about his wife all the time
“I am so sorry. I felt really guilty just walking after it happened. I haven’t left the house in months – I didn’t want to drive the car that morning but I knew that I had to leave that house.
Counsel for Ms Lillis McMahon, Lorcan Connolly SC (instructed by solicitor John Casey) said that his client wants to acknowledge “the profound and irreversible loss suffered by Mr Lorigan’s wife, family, friends and wider community”.
Mr Connolly said that Mr Lorigan “was a gifted person and his loss is enormous” and he was completely and utterly blameless for what happened on the day.
He said that “in a heartbeat the accused would switch places”.
Mr Connolly said that Ms Lillis McMahon “won’t be able to forgive herself and she will continue to live with shame and regret”.
He said that she has lost custody of her children, lost her job and lives in isolation from her community. He said that she had a history of mental health difficulties.
The court was told that Ms Lillis McMahon was uninsured to drive the Vauxhall Astra and was disqualified from driving on the day but that disqualification was subsequently overturned on appeal.
Imposing sentence, Judge Comerford said that imposed a headline 96 month prison term and reduced it to 60 months due to Ms Lillis McMahon’s early plea of guilty and remorse.
Judge Comerford suspended the final six months on condition that she co-operate with the Probation Service after the service stated that it can intervene with her problematic drink and drug taking.
Addressing Dympna Lorigan and members of the Lorigan family, Judge Comerford said “no matter what sentence I select I can’t undo the harm that is done”.
Judge Comerford noted that last Sunday would have been Mr Lorigan’s 73 birthday and should have been a day of celebration for the Lorigan family.
Ms Lillis McMahon wept as she was led away out of the courtroom by prison officers to commence her sentence.
