*The sitting of Ennis Circuit Court was on Wednesday.
A 39-year old Ennistymon man has pleaded guilty to the dangerous driving causing the death of Stephanie Fitzpatrick on the main road leading to the seaside resort of Lahinch last year.
At Ennis Circuit Court, Damian McNamara of Lissatunna, Ennistymon pleaded guilty to the dangerous driving causing the death of Ms Fitzpatrick at Cloonaveigh, Lahinch Rd, Ennistymon on Saturday, February 19th last year.
Ms Fitzpatrick was a front seat passenger in the 05-D registered car being driven by Mr McNamara at the time of the fatal road crash.
Mr McNamara also pleaded guilty to ‘drink driving’ from the same location on the same date and members of Ms Fitzpatrick’s family, accompanied by a Garda liaison officer, were in court for the arraignment.
Counsel for Mr McNamara, Michael Collins SC (inst by solicitor Daragh Hassett) said that Mr McNamara was in a relationship with Ms Fitzpatrick at the time and said that there are sensitivities on both sides.
The case was listed for trial on Wednesday and a jury was due to be impanelled.
Mr Collins said that he wanted the court to note that prior to the case coming into any court call-over, his client had formally offered a guilty plea to the offence of careless driving causing death.
Mr Collins said that this was a lesser charge than the one his client was facing and a potential alternative verdict if the case had gone to trial but was deemed not acceptable by the Director of Public Prosecutions (DPP).
Mr Collins said, “I make the point to show that Mr McNamara at all times has recognised his moral and legal culpability in this matter”.
Mr Collins said that the case was initially listed for Tuesday and adjourned to Wednesday and certain developments took place on Tuesday and Mr McNamara had now entered his two guilty pleas.
Mr Collins asked that sentencing take place on a court call over day on December 15th and said that “it would be in ease of everyone that the matter be concluded as soon as possible. It is a particularly tragic case – for all concerned”.
Counsel for the State, Lorcan Connolly BL (instructed by State Solicitor for Clare, Aisling Casey) said that it is in everyone’s interest that sentencing take place in early course but that he was instructed to say that the month of December may not be the best month for sentencing with its closeness to Christmas.
Judge Francis Comerford said that this is a case where a person, Stephanie Fitzpatrick has died “and obviously these are the most serious cases to be dealt with by the courts”.
He said, “I don’t think it would not be appropriate to list it for December 15th because there will be a lot of other work done that day and it is better that this case be given its own clear hearing date because of its seriousness”.
Judge Comerford did state it would be better that the case be dealt with earlier rather than later.
Mr Connolly said that the case could be listed for December 15th to fix a date for sentence.
Mr Connolly said that a victim impact statement will form part of the sentencing hearing.
He said that the State has no objection to Mr McNamara being formally remanded on continuing bail to December 15th.
Ms Fitzpatrick was part of a large and well known family from Doolin Road, Lisdoonvarna in North Clare.
