The mother of Estlin Wall (3) said today that learning that the man whose careless driving caused her daughter’s death is looking to get back driving before his ban is served “is another dagger in the heart”.
Amy Dutil-Wall was today speaking concerning an application lodged with Ennis Circuit Court office on behalf of Senan O’Flaherty of Lower Gowerhass, Cooraclare that he wants his licence restored before his four year driving ban is served.
In April 2020, as part of his sentence at Ennis Circuit Court, a four year driving ban was imposed on Mr O’Flaherty (65) 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.
The circuit court office in Ennis declared Mr O’Flaherty’s licence restoration application invalid and returned it to his solicitor as he has not yet served two years off the road and the matter was briefly mentioned at Ennis Circuit Court this week.
However, it is open for farmer and former truck driver, Mr O’Flaherty to make a fresh application from next month where he can apply to get his licence back after serving two thirds – or 32 months – of the driving ban and if successful he may be back driving for early 2023.
A Gardai Liaison Officer informed Estlin’s parents of Mr O’Flaherty’s confirmed aim of seeking an early restoration of his driving licence this week.
The invalid application followed only days after the 5th anniversary of Estlin’s death on March 18th 2017 and Ms Dutil Wall said today the timing of the application “was particularly hurtful”.
Ms Dutil Wall said today: “We were very shocked to hear that this was happening and shocked that this is even an option that this man doesn’t have to serve the four year driving ban.”
In 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.”
Ms Dutil-Wall said today: “He only got a four year driving ban and we were just heartbroken that there was such little value placed on Estlin’s life in terms of the consequences of his actions that day.”
She added: “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.”
Ms Dutil Wall said: “I can’t imagine what frame of mind you would have to be to think ‘Well I don’t deserve four years off the road for my driving that killed a child. I should really have to do less and get back on the road’.”
She added: “To think that the person responsible doesn’t believe that he should have to do four years off the road is incredibly upsetting for us.”
Ms Dutil-Wall urged the State to oppose any future court application for the early restoration of Mr O’Flaherty’s licence.
She said: “We would like to be in court when that application comes and let the court know our feelings. We are not going to sit back silently and let it happen. It is completely wrong to give this person back his driver’s licence.”
Ms Dutil-Wall said that Mr O’Flaherty “has shown us no remorse whatsoever and I believe that it is just not fair that he should not have to serve his driving ban which was pretty measly in the first place”
Estlin’s father, Vincent suffered a brain injury in the crash and he said on Friday that he was ‘furious’ when learning that Mr O’Flaherty wants to get back driving before the expiry of his ban.
He said: “Four years should be four years. This man must have no clue of the pain he has caused to be trying to get back on the road.”
He added: “I am shocked that the law allows that those banned off the road permits them to seek an early return to driving – it doesn’t make sense.”
Mr Wall said that Mr O’Flaherty attempting to get an early return to driving “was completely unexpected – you expect if someone receives a four year ban that it means a four year ban”.
The couple and their young children, Mannix and Lucie along with extended family last weekend marked the 5th anniversary of Estlin’s death by planting a tree in memory of Estlin.
Amy said that “it was lovely” and this Sunday the family will celebrate what is Estlin’s ninth birthday. Amy said: “With the good weather, we hope to do something ‘beachy’ on that day. Estlin loved the beach. It would be a nice way to spend her birthday.”
