*The late Ger Gunning.
AN ENNIS plumber has escaped a jail term for the careless driving causing the death of married father of two and GAA coach, Ger Gunning (46).
At Ennis Circuit Court, Judge Francis Comerford has imposed a two year driving ban on Joseph Smyth of Cathedral Court, Ennis who pleaded guilty to the careless driving causing the death of Broadford man, Ger Gunning at Meelick on March 24th 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 1st.
Mr Gunning was a front passenger in the 13-2 Peugeot registered vehicle that Mr Smyth was driving at the time and the work colleagues 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 is met in the case of Mr Smyth who has no previous convictions.
However, Judge Comerford said that it is not a case where there should be an immediate custodial sentence due to the absence of aggravating factors in the case.
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 the Daihatsu in front as the Daihatsu moved to turn right coming up a junction near Woodcock Hill.
Judge Comerford said that the primary factor in the case was Mr Smyth’s impatience in performing the overtaking manoeuvre.
He said, “It was a wrong decision to overtake. There was a junction on the right and you don’t overtake coming up a junction”.
The Garda collision report estimates that Mr Smyth was driving at a speed of 84kmph in an 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 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 where there 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.
Mr Collins commented, “One might say but there but for the grace of God go all of us”.
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 judgment by a driver has such catastrophic consequences”.
Mr Collins said that Mr Smyth “made a wrong split-second decision”.
Mr Collins 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 has been fully co-operative with Gardaí.
Mr Gunning’s widow, Jennifer was in court for the sentencing hearing along with the other family members and 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 U14 and U15 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 U11/ and U13 teams.
