A man who knocked down and killed his friend, who had been walking home after celebrating the christening of his six-week-old son, has been jailed for 18 months.
Daniel McCafferty was on cocaine when he knocked down 28-year-old Emmett McClelland at Bonamine, Bridgend, Co Donegal just before midnight on 10 March 2018.
McCafferty, 39, appeared before Letterkenny Circuit Court where he pleaded guilty to a charge of careless driving causing the death of Mr McClelland.
He had 100mg of cocaine in his system, which is twice the legal limit, at the time of the incident.
Judge John Aylmer said there were several aggravating factors in the case, including the death of Mr McClelland, which he said was "a very aggravating feature".
McCafferty has three previous convictions in Northern Ireland for driving while intoxicated and he had 100mg of cocaine in his system, which is twice the legal limit, on the night in question.
He was convicted of drug-driving in June 2021.
"You are very fortunate that you are not before the court for dangerous driving," Judge Aylmer told McCafferty. "This is very much at the higher end of the scale for such offending."
Before considering the mitigation, Judge Aylmer said a starting point for sentencing was two years imprisonment.
McCafferty entered a guilty plea, he was fully cooperative on the night of the incident and made full admissions.
"Albeit he suggested that he had taken drugs a number of days earlier whereas, in fact, the evidence established that cocaine was consumed in the previous 24 hours," Judge Aylmer said.
McCafferty, the judge added, was very remorseful in circumstances where he caused the death of someone who could be described as a good acquaintance if not a friend.
Judge Aylmer said it could not be ignored that Mr McClelland was not wearing high-vis clothing at night and it was unfortunate that a lamp above him was not functioning properly at the time.
"The reality is the consumption of cocaine most likely impaired your driving to an extent where you were not able to deal with the situation," Judge Aylmer told McCafferty.
Judge Aylmer said he would reduce the sentence to one of 18 months, but it was "too serious" to suspend any portion.
Victim impact statements were read out in court on behalf of Mr McClelland's partner, Jade, and his mother Catherine McClelland, who described the day her youngest child was born as the happiest moment of her life and that Emmett always had a smile on his face and was loved by everyone.
When his father had passed away some 17 months before Emmet's death, he had looked after his mother and that he was always the life and soul of the party.
She added that she still has no answers as to what happened on the night and that she is still numb seven years later.
"Nothing will ever lessen the hurt and pain and the overall grief I will have to endure for every day," she added.
Mr McClelland's partner Jade said the emotional scars she and her family have suffered are much more painful than anyone can imagine.
She spoke of the loneliness, sadness and anger she feels and that it pains her everyday to know that their son, who is named after his father, will never get to know him.
She added that what should have been a happy day "turned into a nightmare" and that the emotional toll of losing Emmett is immeasurable.
She concluded by saying that she felt every day is filled with anger over the recklessness that something so preventable "could have taken the love of my life away from us."
As well as jailing McCafferty for 18 months, Judge Aylmer banned him from driving for six years.
