A 23-year-old man who tearfully told gardai at the scene of a fatal accident near Ballyhaunis, Co. Mayo that “I have killed my best friend. I wish it was me” was handed a suspended prison sentence by Judge Eoin Garavan at the Circuit Criminal Court in Castlebar this morning.
Martin Ditchburn, Teeside Cottage, Midfield, Swinford, Co Mayo, pleaded guilty at an earlier court hearing to dangerous driving causing the death of Jason Killeen, 19, Cullatinny, Knock, Co Mayo, at Coolnafarna, Ballyhaunis on September 24, 2020.
Mr. Killeen was a front seat passenger in the newly purchased Silver Honda Accord car when the driver lost control “on a sweeping left hand bend” while the pair were en route late at night to Castlerea to help out a friend who needed jump leads for his vehicle.
At the sentencing hearing, Sergeant John Horkan told State prosecutor Patrick Reynolds that Mr. Ditchburn, a tiler, and his passenger were friends at the time, living together in the townland of Balinacostello, Aughamore, Ballyhaunis.
Mr. Reynolds told the court that one witness, Declan Elwood from Gortaganny, made a statement to gardai that he saw Martin Ditchburn buying petrol at Murphy’s Filling Station in Ballyhaunis and that later his (Ditchburn’s) car overtook him “at considerable speed”.
A short time later, Mr. Elwood told investigating officers, he came across Mr. Ditchburn’s car in the middle of the road with Jason Killeen lying on the road.
A further witness, Ciara O’Grady told gardai she saw a body lying in the middle of the road. The car was smoking and there was dust in the air, she said.
The court heard that Mr. Ditchburn made a statement to gardai at the scene of the accident. He was very upset, stating: “I killed my best friend."
Sergeant Gabriel McLoughlin, PSV Inspector, gave evidence that his investigations showed that that the car entered the bend at a speed “considerably above the maximum speed involved”.
In a statement to gardai following the tragedy Mr. Ditchburn said he bought the car for €1,500 after spotting it on Facebook. He had not checked the tyres when he bought it..
In the statement said he didn’t remember the road conditions or the weather prior to the impact. He admitted he was “driving hard”, exceeding the speed limit.
When they came into a sharp, left handed, bend he hit the brakes and then let the bakes off to steer through the bend.
The statement continued: “Then I saw a tree coming towards me. I said 'oh f***'. Then there was a bang. I hit the tree. I must have been knocked out then. When I came to I tried to open the driver’s door but it would not open”.
Continuing his statement Mr. Ditchburn said after running to Jason to check him a fireman sat him down. “I was crying and roaring for Jason”, the statement continued.
It added: “I am so sorry I crashed and killed my best friend. I wish it was me.”
Victim impact statements from the deceased’s mother and father, Lorraine and Patrick Killeen and his sister, Chloe, were read to the hearing by prosecuting counsel.
In her VIS Lorraine said her world had changed forever. “For 19 years I was a mother (to Jason) before he was senselessly and brutally taken from me.”
She said cars had been her son’s passion and it was ironic that a car had taken his life.
She added: “I hope that Jason’s death will not be in vain. All we have now is a broken heart”.
Patrick Killeen said the day following the accident he and his son were scheduled to leave next day for new jobs “down south”.
Mr. Killeen said that since the tragedy he had moved away from home and he only visits home occasionally as “the pain is too great”.
Mr. Diarmuid Connolly, defence counsel, said the accused’s remorse is profound and susbtantial.
He said his life had been utterly transformed by the killing of his best friend. He had not driven since the incident, no longer consumes intoxicants and drinks only modestly.
Before passing sentence Judge Garavan said it was clearly a tragic event for the Killeen family and Chloe on the loss of their only son.
The tragedy could have been avoided, the judge said, and this was a lesson for all young people.
The judge said no death should ever be in vain. It sent out a message to others of the enormous consequences of dangerous driving.
Clearly there was significant speed, the judge said. He referred to Sergeant McLoughlin’s evidence that the bend could be negotiated at 100 miles per hour. But this was not necessarily the case due to bald tyres and weather conditions.
The judge said aggravating factors were speed, which had been admitted to, that he lacked familiarity with a vehicle (purchased the day before) which was too powerful for him and that he wasn’t necessarily aware of the condition of the tyres.
The judge said the mitigating factors were the early plea, the fact that the defendant had a job, a family and was not at a high risk of re-offending.
Referring to the offence as being in the mid range, possibly lower, the judge gave a headline sentence of five years' imprisonment which he reduced to three years.
Judge Garavan imposed a driving ban of six years, suspended for three years on the usual conditions.
In his ruling, the judge took a drug related offence into consideration.
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