Northern Ireland

Tyrone man was twice drink-drive limit when Donegal GAA fan killed in crash

 Donegal GAA fan Patsy McCroary was killed in a road crash in Co Tyrone in January 2014
 Donegal GAA fan Patsy McCroary was killed in a road crash in Co Tyrone in January 2014  Donegal GAA fan Patsy McCroary was killed in a road crash in Co Tyrone in January 2014

A CO Tyrone man was two-and-a-half times the drink-drive limit when he killed a well-known Donegal GAA fan in a head-on collision.

Omagh Crown Court heard that Paul Nicholl (50) lost control after hitting a kerb and careered into a car carrying Patsy McCroary, his wife and two children.

Nicholl, of Carnkenny Road, Newtownstewart, pleaded guilty to causing the death of the 62-year-old by dangerous driving with excess alcohol and causing grievous bodily injury to his wife and children.

An avid GAA fan, the victim was known affectionately as 'Donegal Patsy' because of his passion for the team.

He had been living in Castlederg but was originally from from Upper Art, Castlefin.

Simon Reid, prosecuting, told the court that on the morning of January 8 2014, Mr McCroary was a front seat passenger in a blue Toyota Avensis being driven by his son Padraig, while his wife Geraldine and daughter Samantha were in the back seats.

He said they were travelling at 40mph towards Strabane on the Melmount Road between Sion Mills and Victoria Bridge when the collision happened.

"As their car approached a left-hand bend, Padraig McCroary saw a vehicle coming towards them. It has crossed into their lane,'' he said.

"He realised that there was nothing he could do at that point."

Judge Paul Ramsey heard that a woman driving away from Strabane saw Nicholl's Suzuki car coming out from a side street.

"She noticed that as the defendant's vehicle approached a right hand bend, it strayed to the left, striking a kerb and going onto a grass verge.

"She said that he tried to correct his steering but strayed into the opposite lane, veering across the road and into the oncoming traffic, colliding with the McCroary car.''

A police officer at the scene smelt alcohol on Nicholl's breath and noticed a 12-pack of beer in the car, with one having spilled as a result of the accident.

In hospital a blood sample showed 204mg of alcohol to 100ml of blood. The legal limit is 80mg.

Nicholl said he had stopped off at a bar that morning to have a couple of pints of beer and then left for Newtownstewart, stopping at a shop on the way and buying a 12 pack of beer and some sausage rolls, "but had no recollection after that''.

He said he also had drunk three cans of beer the night before and taken a diazepam tablet that morning.

Mr McCroary was taken to Altnagelvin Hospital but died of his injuries.

His son suffered a fracture to the sternum, seven broken ribs and three bone fractures to his foot, while his wife Geraldine had multiple spine fractures, a broken pelvis, rib fractures, and a fracture to her lower left leg.

Their daughter Samantha had to be put into an induced coma on a life support machine' after suffering a fracture to her skull, fractures to her eye socket and nose along with a contusion to her lung.

Nicholl had no previous road traffic convictions but a criminal record for assaults and criminal damage.

The judge was told the maximum sentence of the offence was 14 years in custody, but Nicholl was entitled to a "significant discount" for pleading guilty at the earliest opportunity.

Defence barrister Ivor McAteer said Nicholl had a long history of dealing with his "alcohol demons'' and was "deeply remorseful'' for the crash.

Remanding Nicholl back into custody, Judge Ramsey said he would sentence him next week.