Opinion

Sean McElwee case deserves review

Sean McElwee and Albertas Daskevicius had very different attitudes towards the responsibilities which face all motorists when their paths literally and unexpectedly crossed in Co Tyrone on a fateful day in April, 2015.

Mr McElwee (43) was driving in an entirely normal, legitimate and blameless way on the main route between Omagh and Strabane when he encountered Mr Daskevicius (51) who was on the wrong side of the road in an uninsured box lorry.

The appalling head-on collision which followed resulted in the death of Mr McElwee and left Mr Daskevicius facing sentencing at Dungannon crown court on Friday after being convicted of causing the fatality through careless driving and having no insurance.

Evidence was given that Mr Daskevicius found himself behind a heavy goods vehicle which was turning left, but, instead of slowing down, decided to attempt a hugely risky overtaking manouevre with fatal consequences.

The fact that Mr Daskevicius was originally from Lithuania should have no bearing on any consideration of his sentencing, as it must be acknowledged that the vast majority of similar accidents on our roads involve errors by Irish citizens.

However, it is entirely reasonable to ask if the circumstances surrounding the case really merited the charge against Mr Daskevicius being reduced from dangerous to careless driving causing death.

As a result, he was handed a nine month jail term, with a further nine months on licence, which will be widely regarded as a very lenient penalty for a serious offence leading directly to loss of life.

It is to the credit of Mr Daskevicius that he accepted his guilt from the outset, and expressed deep remorse, but he is extremely fortunate that his period of custody is to be counted in months rather than years.

Although no action from the courts can bring back Mr McElwee to his family, the message sent out to those who have a reckless approach to their fellow road-users is alarming and deserves to be reviewed.