The family of a 15-year-old Wicklow schoolgirl killed in a car crash almost two years ago have branded the criminal justice system as "disgraceful" after the underage, uninsured motorist responsible for the fatal collision was not sent to prison.
Relatives of the victim, Molly Dempsey, reacted angrily inside Wicklow Circuit Criminal Court to a two-year suspended prison term given to the teenager who was driving for the very first time when the crash occurred after taking his mother's vehicle without her permission.
The 18-year-old, who cannot be identified for legal reasons, pleaded guilty to a charge of dangerous driving causing Ms Dempsey’s death on 5 May 2024.
The defendant, who was accompanied to court by his parents, also pleaded guilty to two related charges of driving without insurance and without a driving licence.
Molly, the youngest of nine children from Whitehall Park, Baltinglass, Co Wicklow who was a passenger in the car, died in the single-vehicle collision.
The court heard the fatal crash occurred at Slaney Park, Baltinglass shortly after the vehicle had been seen driving erratically near Ms Dempsey home at around 4.30am on 5 May 2024.
The Toyota Auris, which belonged to the defendant’s mother, hit a tree and a stone wall when it failed to take a bend before ending up on its side and trapping Molly in the vehicle.
The accused, who was arrested at the scene of the crash by gardaí, was uninjured in the collision.
Defendant rang emergency services after crash, court hears
The court heard previously that the defendant made a series of 999 calls to emergency services in which he stated: "I’m the lad who killed her. I’m only 16. It’s the first time I drove a car."
Ms Dempsey, who was a student at Scoil Chonglais in Baltinglass, was pronounced dead at the scene, despite the efforts made by paramedics resuscitate her.
A report by a forensic collision investigator concluded that the vehicle had lost control due to excessive speed.
Defence counsel, Michael Hourigan SC, acknowledged that the offence would normally attract a custodial sentence but said the exceptional circumstances of the case should allow for the consideration of a suspended sentence.
Mr Hourigan said the teenager was a juvenile at the time of the offence and had entered an early guilty plea, while his prospects of rehabilitation were also good.
He claimed the youth would also have to live with the consequences of what he did for the rest of his life.
Judge Patrick Quinn said the accused had claimed he had driven to Molly’s home at 4am because she was in a distressed state and he feared she might hurt herself.
The judge said there was no way to test the veracity of such a claim from the results of an examination of the phones of both teenagers by gardaí.
He said Molly had foolishly allowed herself to be a passenger in the vehicle.
Judge Quinn said there had been poignant victim impact statements from Molly’s relatives who had behaved in a dignified manner.
Molly’s death was the third tragedy to strike her family as her parents, Nigel and Mary, also previously suffered the deaths of two of their sons – Roy in 2007 aged 13 and Killian in 2016 aged 16.
Judge Quinn recalled that the teenager was described as the "bright light" within her family and someone who was clearly loved, while her death had "left a hole that can never be filled".
He also acknowledged that the family had stated that her life mattered and she should not be regarded as a statistic.
The judge said aggravating factors in the case were the defendant’s inability to drive and having no insurance as well as taking the vehicle without permission.
Although it was not proven, he said there was also reason to believe the accused had taken intoxicants earlier that evening.
Actions of youth were 'highly reckless’, judge says
The judge said the youth’s actions were "highly reckless" with "devastating consequences".
He pointed out how Molly’s parents felt she was safely in her bed only to be woken up to be told she had died in a road crash.
"He can walk where he likes, do what he likes. I walk to a grave every day, and that's what I have left. That's all I have to say, because I can't even name him"
Judge Quinn said he accepted the young man’s remorse was genuine, although that view was not shared by Molly’s family.
Imposing a two-year prison sentence, the judge admitted the question of suspending it had caused him "great difficulties".
Taking care to explain the reason for his ruling, he pointed out that legislation directed that children should only be given detention as a measure of last resort.
However, the judge said he was also troubled by a probation report which assessed the defendant at being at a moderate risk of reoffending within 12 months.
The report also expressed concern about his lack of organised physical activity and pro-social peer group.
The court heard that the teenager, who works with his father, rarely leaves his home.
Defendant disqualified from driving for ten years
Judge Quinn said he had concluded that the interests of society were best served by suspending the sentence but with very strict conditions including the defendant placing himself under the supervision of the Probation Service and engaging in victim-centred and offence-focused work.
The judge stressed that taking the view that it was not a real punishment was "clearly erroneous" as the sentence would be like a "sword of Damocles" hanging over the defendant for the duration of the suspension.
He also disqualified the teenager from driving for a period of ten years.
The judge reminded the victim’s family that the accused would be left with a conviction and would "carry the shame" of what he did.
However, the ruling was greeted with anger by some members of a large group of Molly’s relatives who stormed out of the courtroom claiming the sentence was "disgraceful" and "a joke", while her mother wept inconsolably.
Speaking after the hearing, Ms Dempsey said she understood the DPP will consider appealing the leniency of the sentence.
Referring to the accused, Ms Dempsey remarked: "He can walk where he likes, do what he likes. I walk to a grave every day, and that's what I have left. That's all I have to say, because I can't even name him."
Clutching a pink teddy bear that played a recording of her daughter’s voice, she added: "This is my not my first time around, but losing a daughter is different. That was my baby."
