Prison for man who drove into oncoming traffic in Donegal after downing spirits

A man who drank a bottle of spirits before driving directly at oncoming traffic - creating what a judge said was a “high probability of multiple loss of life” – has been jailed.

A woman driving with her one-year-old child in the back seat was forced off the Ballyshannon bypass to avoid a head-on collision with a vehicle being driven by Maurice Murphy.

At Donegal Circuit Court, Judge John Aylmer sentenced Murphy - who forced multiple vehicles to take evasive action - to five years in prison with the last two-and-a-half years to be suspended. Murphy was also put off the road for a period of four years.

Murphy, a 45-year-old of Aghadrumse Park, Rosslea, Co Fermanagh and now living in Clones, Co Monaghan, pleaded guilty to a total of seven charges arising out of incidents on May 30, 2023.

Murphy admitted two charges of driving, directly at an oncoming vehicle being driven by a woman, forcing her into the hard shoulder and onto the grass verge, which created a substantial risk of death or serious harm to another. 

The charges are contrary to Section 13 of the Non-Fatal Offences Against the Person Act 1997.

He pleaded guilty to a charge of dangerous driving at Sminver, Ballyshannon and with a refusal to provide a specimen of blood or breath at Ballyshannon Garda Station following his arrest.

Murphy also entered guilty pleas to three charges of assaulting Garda Michael Connolly, a peace officer acting in the execution of his duty.

Sergeant Maurice Doyle outlined the facts of the case to Ms Fiona Crawford BL, barrister for the State 

The court heard that a woman reported to Gardai that she was driving from the direction of Donegal Town on the Ballyshannon bypass, with her one-year-old daughter in the rear of the vehicle, and she saw a blue Volkswagen coming around the corner on her side of the road. The woman had to take immediate action to avoid a head-on collision and she swerved off the road and onto a grass verge.

Sergeant Doyle said the woman was “very concerned” and described Murphy’s vehicle as having been “flying”.

Another driver said that she was on the Bundoran bypass when a blue seven-seater came into her lane of traffic and was driving towards her. 

“She felt that it was going at a serious speed and she had to swerve into the hard shoulder to avoid a collision,” Sergeant Doyle said. That driver also outlined to Gardai that two other vehicles behind her had to do the same manoeuvre.

A woman driving at a roundabout near Finner, heard a loud bang and realised that her car had been hit. She observed a blue Volkswagen vehicle and she was forced into the hard shoulder.

Murphy attempted to overtake her and clipped the rear of the other vehicle, shunting it in the process.

The driver of the Volkswagen was seen running up the road towards a graveyard. 

A short time later, Gardai found Murphy - who could be heard singing - sitting with no top on and with a German Shepard and a Golden Labrador.

When Garda Connolly approached, Murphy said: “Are you fucking wise? Fuck off.” 

Garda Connolly arrested Murphy, who said in the patrol car: “You think you’re a big man with that uniform on you. You’re a fucking asshole.”

After he tried to punch Garda Connolly, Murphy had to be handcuffed as he was conveyed to Ballyshannon Garda Station. 

While on the way to the station, Murphy punched Garda Connolly with his two fists and had to be restrained, while he later attempted to head-butt the Garda in the custody suite of the Garda Station.

One of the women submitted a victim impact statement, which was not read in court, but was instead handed in to Judge Aylmer. 

Sergeant Doyle confirmed that Murphy was a “completely different individual” the following day when he apologised for the offences. 

Put into the witness box by his solicitor, Mr Peter Nolan BL, Murphy said he wished to apologise to the victims.

Barrister Mr Peter Nolan BL. Photo: North West Newspix

“I really, really deeply regret putting anyone in harm,” Murphy said. “I never would intentionally do anything t4o hurt or upset anyone.”

Murphy acknowledged that the incident was “totally unacceptable in any shape, way or form” and said what happened was “out of control and out of character”.

Referencing a probation report, Mr Nolan told the court that his client’s childhood was marred by abuse and that he suffered trauma. 

Mr Nolan outlined that Murphy has been dealing with a difficult familial situation which he said would cause major impact were he to be remanded in custody.

Murphy has been in steady employment and a reference from his employer was submitted to the court. 

The probation report said that Murphy had been “candid in his experience of sniffing petrol” and has had a long-standing issue with alcohol, cannabis and cocaine.

Since this incident, Murphy has been engaged with the Western Health Trust and Alcoholics Anonymous.

Murphy, who has 10 previous convictions in Northern Ireland and two previous convictions in the Republic of Ireland, was assessed as being of a medium risk of reoffending. 

Mr Nolan said that his client’s behaviour was “appalling” and said he had apologised since. Murphy brought €3,000 and £2,000stg to court to offer as a token of remorse to the victims.

“For some reason, he went off at the deep end on that particular day,” Mr Nolan said. 

The barrister added that Murphy was struggling with an emotive family matter and he “turned disastrously to drugs and alcohol”.

He said the incident was a “once off out-of-character situation” and Murphy now realises that it was fortunate that no-one was killed. 

Judge Aylmer said that drivers had to “swerve violently” in order to avoid a head-on high-speed collision. 

“Had it occurred, it is likely to have resulted in a multiple-vehicle collision with a high probability of multiple loss of life,” Judge Aylmer said.

The judge said that Murphy displayed a “total disregard for the lives of other road users” and noted that the intentional nature of the offending, rather than simple recklessness, was an aggravating feature of the case.

Judge Aylmer added that Murphy consumed a bottle of spirits before embarking on the high speed journey.

He set a starting point of seven years imprisonment for the two counts of endangerment’; 12 months for the assault of Garda Connolly; six months for dangerous driving; and six months for the refusal. 

Judge John Aylmer. Photo: North West Newspix

In mitigation, Judge Aylmer said that Murphy was immediately remorseful on achieving sobriety and has embarked on a programme of rehabilitation. He said Murphy pleaded guilty, has re-trained as a train driver and has brought compensation to court for his victims.

It was also noted that Murphy has had to deal with the loss of his brother in a motorcycle accident.

Taking into account the mitigating circumstances, Judge Aylmer reduced the sentence for endangerment to five years in prison; eight months for the assault of Garda Connolly; and fourteen months on the other charges. 

“This is far too serious to consider suspending the entirety of the sentence,” Judge Aylmer said with reference to Murphy’s familial issue.

Judge Aylmer said he was doing the best he could do in suspending the final two-and-a-half-years of the five-year sentence upon the defendant entering a bond to keep the peace and be of good behaviour for two-and-a-half years subsequent to his release from prison.

Murphy was ordered to abstain completely from alcohol and unprescribed drugs for two-and-a-half years.

He must reside in the Republic of Ireland for the first 12 months post-release and go under the supervision of the Probation Service. 

Murphy was also disqualified from driving for a period of four years while the compensation money is to be distributed equally among the victims.