Plumber avoids prison term over death of popular Clare GAA coach in fatal crash
Driving ban and fine imposed on Joseph Smyth following guilty plea
A 28-year-old plumber has avoided a prison term for his role in a fatal road crash in County Clare on the outskirts of Limerick city two and-a-half years ago.
At Ennis Circuit Court, Judge Francis Comerford imposed a two year driving ban on Joseph Smyth of Cathedral Court, Ennis, County Clare who had pleaded guilty to careless driving causing the death of Ger Gunning (46) at Meelick, County Clare on March 24 2022.
Judge Comerford also imposed a fine of €3,000 on Mr Smyth and the two year driving ban is to take effect from November 1.
Mr Gunning - a married father-of-two and well-known GAA coach - was a front passenger in the 132-registered Peugeot vehicle that Mr Smyth was driving at the time.
The court heard the pair were work colleagues and were on their way back to work at 9.40am after purchasing food from a local deli.
Addressing the Gunning family, Judge Comerford said: “My deepest sympathies to the Gunning family. It is terrible. So many Irish families suffer similar losses and they can’t be remedied by any sentence.”
Judge Comerford said that it was borderline as to whether a custodial threshold had been met in the case of Mr Smyth who has no previous convictions.
He added that the absence of aggravating factor meant it was not a case where there should be an immediate custodial sentence.
Judge Comerford said: “Mr Smyth did plead guilty. He made a very bad decision and didn’t intend these terrible consequences.”
On the day in question, the two were on their way back to their place of work from a local deli when Mr Smyth went to overtake a vehicle and crashed into a tree when trying to avoid collision with another vehicle that was moving to turn right close to a junction near Woodcock Hill.
Judge Comerford said the primary factor in the case was Mr Smyth’s impatience in performing the overtaking manoeuvre.
“It was a wrong decision to overtake. There was a junction on the right and you don't overtake coming up a junction,” he commented.
The judge noted that the garda forensic collision report estimates that Mr Smyth was driving at a speed of 84kmph in a 80kmph zone.
Counsel for Mr Smyth, Michael Collins SC, told the court that the unfortunate location where the car collided with the ditch was a tree.
He said: "Two feet to the left and two feet to the right, it would have just ended up in the ditch.”
The garda collision report concluded that the residual crush at the front of the van was not at a level one would expect to result in life-threatening injuries.
Mr Gunning, the court heard, died at the scene from traumatic head and neck injuries.
Both Mr Smyth and Mr Gunning were wearing seatbelts and Mr Collins said that it is unfortunate that the vehicle had no air bag on the passenger side.
Mr Collins contended that there were no aggravating factors in the case - there was no alcohol, no history of bad driving on the journey prior to the collision and no grossly excessive speed.
He said that Mr Smyth made a decision to overtake a slow moving vehicle in front.
"One might say but there but for the grace of God go all of us,” he added.
Mr Collins said: “It is difficult to assess a case like this where the magnitude of consequence grossly outweighs the level of culpability where an error of judgement by a driver has such catastrophic consequences.”
Mr Collins said that Mr Smyth “made a wrong split second decision”.
The barrister said that Mr Smyth “is a decent man who comes before the court” and whose driving had “catastrophic consequences for a friend and a colleague”.
Garda John Marsh agreed with Mr Collins that Mr Smyth was very upset at the scene and that he had been fully co-operative with gardai throughout.
Mr Gunning's widow, Jennifer, who was in court for the sentencing hearing along with the other family members, chose not to give a victim impact statement.
The court was told that Mr Gunning’s two sons, Dillon and Adam are now aged 19 and 14 respectively
In a tribute posted by Broadford GAA club in the aftermath of Mr Gunning’s death, the club said it mourned the tragic passing of its former underage player and current coach.
The club stated that Ger played to minor level for Broadford, winning Under 14 and Under 15 championships with the club and in later years, Ger became very involved in underage coaching and training in Broadford and was a very popular coach among the players of the club’s Under 11 and Under 13 teams.