THE family of a Co Fermanagh pensioner killed in a car crash have said they are “devastated” by the sentence handed down to the driver who caused the fatal collision.
The family of Eileen Maguire (69) said they “did not feel that justice has been done”. And, while not blaming the judge, the family said they had been let down by “the system, the law and the sentencing guidelines”.
The statement from the family came as Ballygawley man Damien Maguire was sentenced to perform community service after Judge Neil Rafferty QC said he was “left with the firm view that justice cannot be served by a sentence of four months”.
The Dungannon Crown Court judge said after taking advice of senior law lords he would impose a 240-hour community service order and a three-year driving ban.
Mrs Maguire, a well known restaurateur from Lisnarick, was killed in the three-car smash on the Belfast Road outside Fivemiletown on November 1 2013.
Three others, including Mrs Maguire’s husband James, their son Connor and Damien Maguire’s wife Joanne sustained serious injuries which the court heard had been “serious and life changing”.
The Maguire family had been returning home from a relative’s funeral in Belfast when car dealer Damien Maguire collided with their car.
The Dungannon Crown Court judge added that “one thing I will take away from this case is just simply how unfair life can be”.
“Everyone in this case is entirely decent and honest hard-working human beings and not deserving of the misery that occurred,” he said.
“I genuinely hope that the Maguire family take some comfort and move on from the loss of a mother and wife.”
Earlier he told Damien Maguire (43), from Knockonny Road, that, while he had no “visual cue” in the eight to 10 seconds before the crash, he had seriously failed to appreciate that the cars in front “were getting closer and closer and closer” regardless of “whether or not brake lights were illuminated”.
The judge said that as a result, “there was a serious head-on collision”.
Damien Maguire, however, he said, deserved credit for his guilty pleas, in addition to which was his pre-sentence report which spoke “of a man of 43, married and father of three [young] children and whose wife, like himself, was seriously injured in the crash”.
Turning to the Maguire family’s victim impact reports he said: “I wish to say this, and I wish to say this absolutely clearly to the victim’s family, having read what I have read, it paints a very clear and well coloured picture of Eileen.
“I can only say that she strikes me, through your words, of having been an absolutely devoted mother, a loving wife and a truly, truly decent lady.”
In addition to his guilty plea to causing the pensioner’s death by careless driving, Damien Maguire admitted causing grievous bodily injury to Mrs Maguire’s husband, their son and his own wife, as a result of the collision.
The court heard that prior to the crash “there was nothing... remarkable to the defendant’s driving... He was driving at a safe distance and within the speed limit”.
However, while the owner of TC Autos in Omagh pleaded guilty, the court heard last week he later blamed an unknown “dark vehicle” for the fatal crash.
This claim was dismissed by Richard Weir QC, prosecuting, who told the court an “investigation showed no question of anything like that happening” and the tragic collision was due to a prolonged lapse in concentration on the part of the car dealer.
Damien Maguire and his wife also both suffered a number of injuries, including a broken pelvis and back injuies. While they had to be cut from their Renault Scenic, their three children, then aged from three to seven, escaped uninjured, although were left shocked.
THE family of a Co Fermanagh pensioner killed in a car crash have said they are "devastated" by the sentence handed down to the driver who caused the fatal collision.
The family of 69 year-old Eileen Maguire said they "did not feel that justice has been done".
And while not blaming the judge the family said they had been let down by "the system, the law and the sentencing guidelines".
The statement from the family came after Ballygawley man Damien Maguire was given community service after Judge Neil Rafferty QC said he was "left with the firm view that justice cannot be served by a sentence of four months".
The Dungannon Crown Court judge said after taking advice of senior Law Lords he would impose a 240 hour community service order and a three year driving ban.
Mrs Maguire, a well known restaurateur from Lisnarick, was killed in the three car smash on the Belfast Road outside Fivemiletown on November 1 2013.
Three others, including Mrs Maguire's husband James, their son Connor and Maguire's own wife Joanne sustained serious injuries which the court heard had been both "serious and life changing".
The Maguire family had been returning home from a relative's funeral in Belfast when car dealer Maguire collided with their car.
The Dungannon Crown Court judge added that "one thing I will take away from this case is just simply how unfair life can be".
"Everyone in this case is entirely decent and honest hard working human beings and not deserving of the misery that occurred," he said.
"I genuinely hope that the Maguire family take some comfort and move on from the loss of a mother and wife."
Earlier he told 43 year-old Maguire, from Knockonny Road, that, while he had no "visual cue" in the eight to ten seconds before the crash, he had seriously failed to appreciate that the cars in front "were getting closer and closer and closer" regardless of "whether or not brake lights were illuminated".
The judge said that as a result, "there was a serious head on collision".
Maguire however, he said, deserved credit for his guilty pleas, in addition to which was his pre-sentence report which spoke "of a man of 43, married, and father of three (young) children and whose wife, like himself, was seriously injured in the crash".
Turning to the Maguire family's victim impact reports he said: "I wish to say this, and I wish to say this absolutely clearly to the victim's family, having read what I have read, it paints a very clear and well coloured picture of Eileen.
"I can only say that she strikes me, through your words, of having been an absolutely devoted mother, a loving wife and a truly, truly decent lady".
In addition to his guilty plea to causing the pensioner's death by careless driving, Maguire also admitted causing grievous bodily injury to Mrs Maguire's husband, their son and his own wife, as a result of the collision.
The court prior to the crash "there was nothing...remarkable to the defendant's driving in anyway. He was driving at a safe distance and within the speed limit".
However while the owner of TC Autos in Omagh pleaded guilty, the court heard last week he later blamed an unknown "dark vehicle" for the fatal crash.
This claim was dismissed by prosecuting QC Richard Weir who told the court an "investigation showed no question of anything like that happening" and the tragic collision was due to a prolonged lapse in concentration on the part of the car dealer.
Maguire and his wife also both suffered a number of injuries, including a broken pelvis and back injuies. While they had to be cut from their Renault Scenic, their three young children, then aged from three to seven, escaped uninjured, although left shocked.
