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Man jailed for two years following fatal dangerous driving incident

Judge Martin Nolan said this was a particularly distressing and tragic case
Judge Martin Nolan said this was a particularly distressing and tragic case

A driver who was slightly over the legal drink-driving limit when he hit two pedestrians, killing one, has been jailed for two years for dangerous driving in what the judge called a particularly distressing and tragic case.

27-year-old Marjo Cayabyab of Beechwood Downs in Clonsilla, was driving too fast and his car went out of control when he tried to avoid the two women who were crossing the Hartstown Road in Clonsilla in Dublin on 3 January 2016.

Claire Hewitt and Ann Keating, both in their 40s, were walking home from a night out at around 2am, and were almost across the road, when they were both hit by the car.

Ms Hewitt was pronounced dead in hospital a short time later while Ms Keating was left with life changing injuries. 

Both women worked together as care staff.

Cayabyab told Dublin Circuit Criminal Court that he doesn't know why he behaved so recklessly on the night. He said he had brought unimaginable grief and pain to two families and shame on his own family and said he would live with the enormous guilt for the rest of his life. 

Judge Martin Nolan said Ms Keating had a fight on her hands to recover her health, and had been left with very significant injuries.

The court heard Cayabyab was driving his car around a sweeping bend. The judge said he was two points over the legal drink-driving limit and was driving too fast to be able to safely navigate around the two women. 

Judge Martin Nolan sentenced Cayabyab to two years in jail.  He said he was doing so with some regret, as Cayabyab, who is originally from the Philippines, seemed to be a good man who had genuine remorse and had learned his lesson.

He had pleaded guilty, had co-operated with the gardaí, had no previous convictions and was very, very remorseful. He said he had been ostracised by his friends and fellow churchgoers because of the fact he was over the drink-driving limit when the accident happened.

The judge said anyone who takes alcohol and drives, takes a huge risk of incarceration and of harming other road users.

He said Cayabyab may not have expected pedestrians to be on the road at that time, but anyone driving in a built up area should always expect pedestrians and he was going much too fast.

The judge also disqualified him from driving for four years.  He said he felt Cayabyab was a man with a conscience.

The families of both women were upset as they left court without commenting on the sentence.