A truck driver convicted of careless driving causing the death of a three-year-old girl in Co Clare six years ago has successfully had his driving ban reduced following an application to Ennis Circuit Court.
Senan O'Flaherty had a four-year mandatory driving disqualification imposed on him in 2020 after pleading guilty to careless driving causing the death of three-year-old Estlin Wall and causing serious injury to her father Vincent, who was driving the family car at the time and who suffered a traumatic brain injury.
The accident happened close to the village of Inagh on 15 March 2017, when Mr Wall had to take evasive action after Senan O'Flaherty attempted an unsafe manoeuvre to overtake a bus on the opposite side of the road.
The four-year ban was imposed on 21 April 2020, and was not due to expire until 21 April 2024, and Mr O'Flaherty had now served almost three years of the disqualification.
Mr O'Flaherty, a widower in his late 60s who lives at Cooraclare in rural west Clare, said he had suffered financial hardship as he could not work, was isolated in his rural home and unable to access public transport easily near his home.
In addition, he had now been diagnosed with leukaemia which meant he had to hire transport or organise lifts to hospital for medical care.
He had offers of work from a number of coach companies if the ban was ended and his licence restored, he told Ennis Circuit Court today.
Gardaí said they opposed the restoration of the licence given the severity of the case, and the continued impact it had on the Wall family who suffered significantly and who continue to suffer as they live near the accident site and it serves as a constant reminder of what happened that day.
Speaking in the witness box today, Mr O'Flaherty said it was very sad for anybody who loses a child. He added that he was 40 years working as a driver.
Judge Francis Comerford said it was clear the accident had a cataclysmic impact on the Wall family and continues to do so coming up to the sixth anniversary of the accident.
While he had every sympathy with the Wall family and did not want to cause them any more distress, he said he did attach some weight to Mr O'Flaherty's health issue and agreed to end the disqualification period from 10 April.
Estlin's parents Amy and Vincent Wall said afterwards they were "beyond devastated" that once again they had been let down by the justice system.
