Two Limerick men were jailed last Friday for a total of 12-years-and-three months for their role in an “absolutely devastating” fatal road traffic collision which claimed the life of one motorcyclist while another lost his leg.
“We got justice today,” said Loraine Fehilly, wife of Maurice Fehilly who died “almost instantaneously” when his motorbike was “essentially overridden by a van”.
Judge Sinead McMullan, presiding, said “utter devastation was inflicted on both families”.
It occurred on the N24, Drombane, Dromkeen, County Limerick on January 4, 2020.
A second motorcyclist - Thomas Traynor (pictured below with Mr Fehilly), of Bella Vista, Western Road, Clonmel - had to have a leg amputated after 22 operations.
Mr Traynor died in April 2022 from bladder cancer.
His wife, Nancy, said: “I believe in my heart that the trauma of the collision led to my husband's cancer.”
Daniel Phillips, aged 35, of Crecora Avenue, Ballinacurra Weston, Limerick city pleaded guilty to dangerous driving causing the death of Mr Fehilly.
Phillips also pleaded guilty to dangerous driving causing serious bodily harm to Mr Traynor.
A second accused - Michael Stanners, aged 41, of Pineview Gardens, Moyross, Limerick city had pleaded not guilty to two counts of endangerment - intentionally or recklessly engaging in conduct which creates a substantial risk of death or serious harm to another. Stanners was found guilty on both counts by a jury following a trial.
A sentencing hearing took place in Limerick Criminal Circuit Court on Friday, March 7 before Judge Sinead McMullan.
Prosecuting barrister Patrick Gageby SC, with Lily Buckley BL, instructed by State solicitor Brendan Gill, outlined the evidence with the assistance of Garda Barry Culhane.
The court heard that Stanners was driving a car in pursuit of Phillips, who was travelling in a van with a woman and child. Evidence was heard that one of the car’s occupants leaned out of a window and hit the edge of the van with a baseball bat and shouted “you’re dead, you’re dead” prior to the fatal collision.
The court heard both the van and car overtook vehicles on the wrong side of the road.
An eye-witness said three motorcycles were being driven in the direction of Tipperary at moderate speed and in a responsible fashion.
Mr Gageby said the motorcycles being driven by Mr Fehilly and Mr Traynor were hit by the van driven by Phillips at high speed and on the wrong side of the road.
Phillips has four previous convictions for no insurance, three driving without a licence, three possession of firearms / ammunition, five trespass and two for theft.
Stanners has 10 previous convictions for no insurance, seven for driving without a licence, two dangerous driving, one careless driving, one drug driving, one arson, one possession of an article, one production of an article and one theft.
Phillips and Stanners were kept apart in the courtroom.
READ MORE: LATEST: Tipperary motorbike rider 'mowed down' by van driver in 'tragic' crash
Judge McMullan adjourned matters to last Friday to consider her verdict.
The judge said it was a “catastrophic collision” and the harm done was “absolutely devastating”.
Judge McMullan said Phillips was driving while uninsured, at speed and on the wrong side of the road. The judge said she needed to factor in the fact that Phillips was driving appropriately prior to the pursuit by Stanners.
Judge McMullan said Stanners’ driving was “absolutely reprehensible” and it was “difficult to imagine a greater type of behaviour that could result in a conviction of endangerment.”
The judge also spoke of the effect of the collision of Tom Conway - a third motorcyclist - who was present on the day and was best friends with Mr Fehilly and Mr Traynor.
Judge McMullan noted that Stanners “did not accept the verdict of the jury”.
The judge imposed concurrent five-years-and-nine-month jail sentences on Phillips for dangerous driving causing death and dangerous driving causing bodily harm. Phillips also received a concurrent three month sentence for driving without insurance and was banned from driving for 10 years.
Judge McMullan jailed Stanners for six-and–half-years on each of the endangerment charges to be served concurrently. Stanners was put off the road for 10 years.
Speaking to media outside the courthouse, Shane Fehilly (son of Mr Fehilly) said: ”On behalf of our family, I'd like to thank the investigation team, especially Garda Barry Culhane, Martin Wallace, Alan Cullen, and the many members of An Garda Siochana involved. I'd also like to thank the State Solicitor Brendan Gill, Counsel Patrick Gageby SC, and Lily Buckley BL.”
Shane said although they got the verdicts they so-needed after five years, they are calling for the maximum sentence for dangerous driving causing death to be increased from 10 to 14 years.
“Tom and Maurice deserved no less,” said Shane.
Nancy Traynor, wife of Thomas Traynor, said: "Justice for Tom and Maurice is all we wanted".
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