A man who killed a popular farmer while driving under the influence has been jailed for four years. The 51-year-old, Shaun Duffy, was more than three times over the legal drink-driving limit when he caused a three-car collision on the N13 road at Sharon Glebe, Newtowncunningham, on July 5, 2022. Duffy, who was trying to cope with the tragic death of his only son, crossed into the path of a car being driven by pensioner Mervyn McClure, killing him as he returned from helping a neighbor on a nearby farm. Duffy, from Trillick in Buncrana, pleaded guilty to dangerous driving causing death when he appeared before Judge John Aylmer at Letterkenny Circuit Court. Judge Aylmer said the most aggravating factors in the case were that Duffy was heavily drinking while driving and that he had six previous convictions for drunk driving. Members of the deceased pensioner's family, including his sister Linda and brothers Derek and Cecil, were in court as the sentence was handed down to their brother's killer. Duffy, who was driving a Volkswagen Golf, and his car ended up some 28.61 meters away from the point of impact. The court heard how Duffy was 2.42 meters on the wrong side of the road, and a weather report indicated that the night was overcast and misty with occasional outbreaks of drizzle. The damage was described as 'glancing rather than head-on' in nature, and the Golf was 'completely on the wrong side of the road.' Duffy was wearing a high-vis vest and work clothes, and a strong smell of intoxicant liquor was detected with his speech slurred. Mr. McClure, from Lurgy in Letterkenny, was taken by ambulance to Letterkenny University Hospital, where he passed away shortly after. A sample taken from Duffy showed a concentration of 176 milligrams of alcohol per 100 milliliters of blood, where the legal limit is 50 mg/100 ml. Duffy told gardai that he remembered driving through Kilmacrennan on the night in question but did not recall going through Letterkenny. He said, 'I don’t know if it was the bang that messed up my head or what.' Duffy consumed three pints of alcohol, according to investigating officers. Sergeant Doyle confirmed to the court that Duffy has seven previous convictions in this jurisdiction, including six for drink-driving. Eyewitnesses indicated that Duffy was 'somewhat intoxicated' and 'slightly disoriented' at the scene. Duffy struggled to remember the details of the mechanics of the collision during interviews with investigating gardai. Duffy's barrister, Simon Gillespie, led by Ms. Dara Foynes SC, said the accused suffered the tragic loss of his son, Shaun Jnr, who was 19, in 2020. Gillespie said his client asked him to be 'conscious not to say anything that would cause any further hurt or distress' to the family of Mr. McClure. A sister of the deceased man read out a heartfelt victim impact statement on behalf of herself, her brothers Cecil and Derek, and the extended McClure family. Linda McBride, choking back tears, gave an emotional tribute to the popular farmer who was well-known and cherished in his local community. She described Mervyn as a dedicated farmer, a loving family member, and a cherished neighbor. Ms. McBride said Mervyn had a great knowledge of the local area and always seemed to know who was married to whom. She added that Mervyn spent his days working passionately on the family farm, and his commitment was unwavering, putting in many hours daily. She said, 'It wasn’t just his job, it was his way of life. He took great pride in working the land and caring for his animals. He was the kind of person who would lend a hand for a neighbor in need no matter how busy he was.' It was while returning home from helping at a neighboring farm on the night of July 5, 2022, that Mervyn's life was tragically cut short. Ms. McBride said the night would forever be etched in the memory of each family member and has affected them in different ways. She outlined the deep, personal relationship each of his siblings had with Mervyn and how they will miss him dearly. On a personal level, Ms. McBride said she did not get to see Mervyn on the night of his death as she lives in Monaghan. In an emotional address to the court, she said, 'The first time I got to see Mervyn was when he was lying in a coffin, still and silent. I couldn’t believe what I was looking at. They had tried to cover his facial injuries with makeup, but no amount of powder or foundation could hide what had happened. The bruises were beneath the surface, peeping through, different reminders of how violent his death had been. Nobody should ever have to see their brother like this.' Ms. McBride told the court that none of the family got a chance to say goodbye to their beloved brother, to hold his hand, to tell him they loved him, to comfort him, or to tell him it would be okay. She said, 'All we have are photos and frames, while Duffy gets to carry on with his life, waking up every morning to be with his family and continue living.' The deceased man's sister added that in a strange way, they were happy their parents passed before Mervyn, as losing him would have shattered them. She said, 'We still find it hard to believe he’s gone. We wish we could talk to him and hear his voice, just to be around him again.' The victim impact statement said it was painful that the family did not hear any apology for Mervyn's death or see any acceptance of responsibility until it was brought before the court. Ms. McBride said, 'That was the first time that our family heard Duffy admit that he was responsible for Mervyn’s death. If he had done this sooner, it might have helped us as a family to understand what happened and to find some closure. Because he stayed silent for so long, nearly three years, it made our pain even worse after Mervyn’s death.' Ms. McBride thanked all those who helped them following Mervyn's death, including the Gardai, ambulance personnel, the fire service, the undertaker, Dr. Gerry Lane, the Fire Service, and the neighbors and friends who came to their aid. She said, 'We hope that by sharing our story, the court will understand the profound impact of this tragedy. We seek justice for Mervyn and hope that this serves as a reminder of the devastating consequences of dangerous driving. No family should have to endure the pain and loss we have experienced.' Gillespie said that his client has expressed remorse to the family and acknowledged the devastation he caused. He said, 'Cases such as these are exceptionally tragic, noting the 'overwhelming and unimaginable loss suffered by the McClure family.' The barrister said that Duffy's 'criminal behavior has its basis in an unforgivable recklessness rather than any malicious intent to inflict or cause the injuries that he did.' He added that Duffy and his wife, who accompanied him to court, know only too well the grief and anguish that comes from losing a close family member in tragic circumstances. Gillespie said, 'He is and will forever be burdened by guilt. He is heartbroken that his reckless actions led to the very sad loss of McClure. He has asked me to relay his sorrow and his remorse.' Gillespie said his client was engaged in excessive drinking in the months before the collision and was 'in shock' when he learned of the death of McClure. He said Duffy has articulated self-blame and carries guilt about surviving the collision. Duffy has a strong employment record and also has a farm. A reference from his employer was handed into the court. Judge Aylmer, passing sentence, said he placed the incident in the upper end of the scale and merited a sentence of seven years in prison before mitigation. He said the accused had entered a very early plea and had behaved appropriately, attending to the deceased immediately after the incident. He noted that the accused has huge remorse and that his offending weighed heavily on him. Judge Aylmer said that remorse was magnified by the fact that Duffy had suffered the loss of his only son in circumstances that the court heard there was a hint of criminality to. He said the accused took to alcohol abuse to bear the burden of loss. He noted that Duffy is trying to deal with his alcoholism and is attending counseling, which is to his credit, and has claimed to have abstained from all alcohol since the start of the year. He added that Duffy had engaged positively with the Probation Services and that they have put him at a low risk of reoffending. He also noted his good work history and age of 51. For these reasons, he reduced the sentence from seven years to one of five years in prison. He added that Duffy had engaged excellently in rehabilitation and, to encourage this, suspended the final 12 months of the sentence, meaning Duffy will serve four years in prison.
