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Drink-driver who killed pedestrian, injured gardaí given community service

The incident happened near Ardrahan in the early hours of 1 February 2016
The incident happened near Ardrahan in the early hours of 1 February 2016

A drink-driver who killed a pedestrian and injured two gardaí in Co Galway has been sentenced to 240 hours community service. 

Adrian Nestor, from Keamsella, Kilcolgan, Co Galway, had pleaded guilty to drink driving causing the death of Liam McDonnell in February 2016. 

The charge arose from a collision which occurred near Ardrahan, in the early hours of 1 February 2016. 

Mr McDonnell, 66, had been reported missing from a nursing home in the area the previous night. 

Two gardaí had located him on a stretch of the N18 and were trying to get him into a patrol car, when an Audi driven by the accused struck the three of them at 12:30am. 

Mr McDonnell was pronounced dead at the scene while both gardaí were taken to hospital.

Nestor had a blood alcohol level of 272mg at the time of the collision. 

He pleaded guilty to dangerous driving causing death, causing serious injury and to driving while drunk. 

Galway Circuit Criminal Court heard that the force of the impact caused Mr McDonnell's death and resulted in severe injuries to Garda Sharon Casserly.

Garda Peter Murtagh sustained a broken leg and cuts to his head.

Nestor had left his home at 7pm the previous evening to attend a wake. 

He consumed a pint in a pub before going to the wake, where he drank a further three to four cans of beer, subsequently having another pint in a pub in Ardrahan before he left to drive home. 

A brief victim impact statement from Mr McDonnell's ex-wife was read into evidence. In it she sought clemency for Nestor's family, saying a jail sentence would not bring back the deceased. 

The plea was described by Judge Rory McCabe as extraordinary in its charity and understanding. 

Superintendent Sean Glynn confirmed Nestor had no previous convictions and was married with two children.

Mr Nestor apologised in court to Mr McDonnell's family and to both injured gardaí who were also present.

A probation report confirmed Nestor suffered from post-traumatic stress disorder, serious depression and would need ongoing care.

Citing his previous good record, his remorse and his mental state, Judge McCabe said the interests of justice would not be served by imposing an immediate custodial sentence.

He imposed 240 hours of community service in lieu of a four-year prison sentence for the charge of dangerous driving causing death and serious injury, along with a four-year disqualification.

The judge also fined Nestor €1,000 and disqualified him for three years for the drink driving charge.