Former garda jailed for six years for fatal hit and run in Louth
The widow of a pedestrian who was killed when he was struck by a former Garda has called for the law to be changed to provide for an offence of vehicular manslaughter.
The widow of a pedestrian who was fatally injured when he was struck by a former Garda who was driving at between 86 and 109 km/h, has called for the law to be changed to provide for an offence of vehicular manslaughter.
Grace Martin was speaking after Michael Ball (28) from Middletown, Malin Head, Co. Donegal was jailed for six years at Dundalk Circuit Court.
The 28 year old, who was based at the time at Drogheda Garda Station and has since resigned from An Garda Síochána, had pleaded guilty to dangerous driving causing the death of Niall MacEneaney on the Rathmullen Road, Drogheda on March 17th 2024 and failing to remain at the scene and offer assistance.
The sentencing hearing was told last month how Mr MacEneaney, who had been out socialising with team mates from St Fechin's GAA Club, was two minutes from his home in The Highlands estate, when he was struck while crossing the road by Michael Ball, who was on his way home from a night out after work.
He was discovered lying face down on a grass verge at a pedestrian crossing around 2.30am by a taxi driver, who rang 999.
The 45 year old had suffered catastrophic injuries and was pronounced dead at the scene. The defendant was linked to the incident through a number plate found close by.
The court had previously heard that Mr Ball had been 'couch surfing' and was staying at the home of garda colleagues in Donore where his Skoda car had been parked in the farmyard.
He was on a chair with a blanket "in a comatose sleep" and he had to be shaken awake by gardai
A 50km/h speed limit applied at the scene, but he was estimated to be travelling at between 86 and 109 km/hr.
The collision happened about two minutes after Ball had left the car park at Drogheda Garda Station. The investigation was carried out by Fiosrú after the case was referred to the Office of the Police Ombudsman by gardaí.
Two months after the collision in a pre-prepared statement, the defendant said there was fog at the top of the Rathmullen Road and a male ran in front of him and collided with the front passenger side of his car.
He said it happened so suddenly, he never got the chance to swerve or react. He said he was filled with remorse and deeply regrets not stopping, and he had panicked.
Grace Martin told the court that Michael Ball stole a huge part of her when he killed her husband.
She could barely eat or sleep after his death and has been diagnosed with PTSD.
She said the defendant as garda had a duty of care and had first aid training, but said "That man is no hero. That man is a coward" and if she could ask him a question it would be "What made you decide to train as a guard?".
Roderick O'Hanlon SC said his client, who had no previous convictions, had been impacted deeply by the incident, and how he had responded to it.
He also said his client had prior to the incident been granted leave due to work-related stress and Mr Balll had found the Drogheda drugs feud "extremely difficult to deal with".
The barrister also stressed that the psychological report was recommending that Mr Ball continues to receive psychological and psychiatric assistance.
Judge Dara Hayes in finalising the case last Monday, said the defendant had made a choice to drink and drive and to speed - and his choices that night had fatal consequences.
He noted that Mr MacEneaney's wife had to identify him from a photo of a tattoo and she has to pass the scene of the collision several times a day and said in her victim impact statement that she had lost her 'eternal best friend'.
He added Niall MacEneaney was described as being the heart of his family and everyone's favourite and "now there's silence where his voice should be".
Judge Hayes said the defendant had braked 0.24 of a second before the collision occurred, and he had left Mr MacEneaney to die at the side of the road.
However, he noted the early guilty plea, the defendant's remorse and the fact that he had no previous convictions.
Judge Hayes sentenced him to four and a half years for dangerous driving causing death from May 5th last when the defendant went into custody, and a consecutive two and a half years with the final 12 months suspended for failing to offer assistance, along with a 12 year driving ban.
Speaking outside the courthouse, Grace Martin said: " Anger is an ugly emotion. It can send your mind places that you never thought was possible.
“That's why I choose not to be angry, but to keep my empathy intact and look at the bigger picture.
“I could stand here and tell you how much I hate and (the) disgust I feel for Michael Ball, but I'm not going to do that. It took over two years to get justice for Niall.
“Two years of wondering, waiting and grieving. Today, I'm forced to face the reality of how my life is forever changed.
“I need to learn how to function in society again. I need to try to move forward.
“In many ways, I'm not ready for this to end, but it never really will for me. The day Niall was killed, I was sitting at my kitchen table in a trance.
“I felt enormous empathy for the person who killed Niall. Not knowing the circumstances surrounding the incident, I sat there, now a widow, thinking of the poor man's family, worrying about his mental health, imagining what it would feel like to have had such a terrible accident and what I would do in the same situation.
“It wasn't the situation I thought it was. When I was told it was a member of An Garda Síochána who killed my husband, I was shocked.
“The empathy faded more, the more I learned about the case.
“Hearing about how Niall was killed and left to die alone, realising how close he was to home.
“It breaks my heart every time I go past his memorial.
“Niall was left on that footpath under a tent for hours. He was an organ donor.
“If Michael Ball had stopped to call for help, Niall's organs might have at least saved a life.
“But the arrogance of an off-duty Garda took that chance away from somebody. In this country, there are no charges for vehicular manslaughter. There should be"