A drunk driver had her two young children with her and an open bottle of wine on the passenger seat when she hit and killed a cyclist, a court has heard.
Judge Francis Comerford imposed a five-year prison term, suspending the final six months, on 33-year-old Saoirse Lillis McMahon for the dangerous driving causing death of 70-year-old Michael Lorigan on 16 August 2023 on the N67 at Baunmore, Kilkee in west Clare.
At Ennis Circuit Court, Judge Comerford also imposed a seven year driving ban on Lillis McMahon, of Moveen East, Kilkee, who was driving under the influence of alcohol and had a "cocktail" of drugs in her system, including cocaine.
The judge said Lillis McMahon was driving the car "when she was completely unfit to drive and posed a real danger to anyone that she came across".
He said that she posed "a very real danger" to her two sons, aged six and nine at the time, who were passengers in the car, due to the intoxicants that she had taken.
Mr Lorigan was coming towards the end of a 88km cycle and was just 8km away from meeting his wife, Dympna in Kilkee, where the two planned to celebrate their 39th wedding anniversary.
In one of a number of victim impact statements read out in court, Ms Lorigan said she passed her husband at 12.15pm that day driving to Kilkee and said "that was the last time I saw him alive".
Reports of car driving erratically
Ten minutes later, local gardaí received a call from a motorist of a car driving erratically on the N67 and sent a car to the area.
However, before gardaí arrived, the same motorist phoned again to see that she had just witnessed that same blue Vauxhall Astra car hit a cyclist.
Garda Noreen King told the court that Lillis McMahon’s car struck Mr Lorigan’s bicycle from behind as the two were heading towards Kilkee.
Gda King said that motorists had witnessed Lillis McMahon’s car swerving across the road before impact.
She said that conditions for driving were good on the day and Lillis McMahon struck Mr Lorigan on a long, straight stretch of road.
Mr Lorigan - who spent his entire teaching career in The Modh Scoil in Limerick and lived in Kilkishen, Co Clare - was wearing a helmet.
Counsel for the State, Sarah Jane Comerford BL (instructed by State Solicitor for Co Clare, Aisling Casey), said that a post mortem found that he died from blunt force injuries to the neck and head.
He was pronounced dead at the scene.
Gda King said that Lillis McMahon and her two children were all visibly upset at the scene.
She said that an open bottle of wine was observed on the front passenger seat of Lillis McMahon’s car.
Ms Comerford said that Lillis McMahon was unsteady on her feet and was cautioned immediately due to the strong smell of alcohol.
She said that Lillis McMahon subsequently failed a test for alcohol where she showed a 93mg of alcohol per 100ml of urine - the legal limit is 67mg of alcohol and she was 50% over the legal limit.
Garda crash scene investigator Garda Brendan Condon found that Lillis McMahon was driving at a speed of between 81km/h and 99 km/h before impact and did not brake before impact.
The report by Mr Condon found that the car was dangerously defective. The speed limit for that stretch of road was 100km/h.
'I cannot believe that I have killed a man'
Gda King said that after caution Ms Lillis McMahon said: "I cannot believe that I have killed a man".
Lillis McMahon had stayed with a friend the previous night in Crusheen where drugs were taken, the court heard.
During a garda interview, Lillis McMahon expressed remorse and said that she thought of Mr Lorigan’s wife all the time.
She said: "I am sorry it happened - the night before wasn’t planned at all. I had my kids with me. It shouldn’t have happened. I think about his wife all the time.
"I am so sorry. I felt really guilty just walking after it happened. I haven’t left the house in months - I didn’t want to drive the car that morning but I knew that I had to leave that house."
Counsel for Lillis McMahon, Lorcan Connolly SC (instructed by solicitor John Casey), said that his client wants to acknowledge "the profound and irreversible loss suffered by Mr Lorigan’s wife, family, friends and wider community".
Mr Connolly said that Mr Lorigan "was a gifted person and his loss is enormous" and he was completely and utterly blameless for what happened on the day.
He said that "in a heartbeat the accused would switch places".
Mr Connolly said that Lillis McMahon "won't be able to forgive herself and she will continue to live with shame and regret".
He said that she has lost custody of her children, lost her job and lives in isolation from her community. He said that she had a history of mental health difficulties.
Sentence reduced to 60 months
The court was told that Lillis McMahon was uninsured to drive the Vauxhall Astra and was disqualified from driving on the day, but that disqualification was subsequently overturned on appeal.
Imposing sentence, Judge Comerford imposed a headline 96-month prison term and reduced it to 60 months, due to Lillis McMahon's early plea of guilty and remorse.
He suspended the final six months on condition that she co-operate with the Probation Service after the service stated that it can intervene with her problematic drink and drug taking.
Addressing Ms Lorigan and members of the Lorigan family, Judge Comerford said "no matter what sentence I select I can't undo the harm that is done".
He noted that last Sunday would have been Mr Lorigan's 73rd birthday and should have been a day of celebration for the Lorigan family.
