Suspended sentences for two men who burned out car involved in Nenagh fatal hit-and-run

Two men involved in obstructing a garda investigation into a fatal hit-and-run have been given suspended sentences by Judge Cormac Quinn at Nenagh Circuit Criminal Court.

Ben Flynn, of Springmount, Broadford, county Clare, and Kieran McInerney of Doon Road, Broadford, county Clare, had both earlier pleaded to impeding the course of a garda investigation into the fatal collision at Carrigatoher, Nenagh, on July 11, 2020, in which Noel McGrath died and his wife, Doris, seriously injured.

Mr Flynn’s uncle, Peter Flynn, of Grennanstown, Nenagh, had pleaded in July 2020 before the same court to dangerous driving causing death and was sentenced to six years, with the final 18 months suspended.

Judge Quinn disqualified Peter Flynn from driving for 10 years.

That court had heard that Peter Flynn had been drinking with his nephew and a friend before the accident.

After he left the scene he continued drinking in a pub in Broadford, county Clare, and only went to the gardaí later that evening after he discovered that Mr McGrath had died.

The court had heard that Mr McGrath, a former Limerick county footballer and prison officer, and his wife, Doris, from Tyone, Nenagh, had been driving an Audi TT convertible with the roof down when they were hit from behind.

The vehicle went down a ditch and flipped. Mr McGrath was trapped in the vehicle and lost his life on his way to University Limerick Hospital. Doris McGrath, who was also taken to Limerick, suffered life-changing injuries.

The court had heard Mrs McGrath suffered significant mobility issues, was on a number of strong medications for stress and anti-depressants, required physiotherapy once a week, suffered headaches and struggled to sleep to the point of being an insomniac. She was also receiving counselling on a weekly basis, and was now living with her daughter.

The car Mr Flynn had been driving had been identified through the aid of people who stopped at the scene.

The gardaí had identified the car quickly and it was traced to Peter Flynn’s mother, who said that she had been unable to contact Peter Flynn.

Sgt Brian Duddy, Nenagh Garda Station, had told the court that Mr Flynn had been socialising the previous night and on July 10 collected his nephew Ben Flynn and a Thomas Fitzpatrick in Clare and came to Nenagh for food.

They had arrived in Nenagh at 10.06am and were observed on CCTV drinking three or four pints in a bar and having food.

They left the premises at 12.40pm.

Sgt Duddy had said that they had got back into their car and Peter Flynn had been driving with Ben Flynn in the front passenger seat and Mr Fitzpatrick in the rear.

Mr Fitzpatrick had told the gardaí that Mr Flynn had been “driving fast enough” when they left the town.

Mr Flynn had taken the old Limerick to Nenagh Road at the motorway junction and had been “driving hard”.

“He passed a couple of cars. I asked him to slow down. He started driving on the hard shoulder and undertook a car on the inside,” Mr Fitzpatrick had said.

Sgt Duddy had told the court that Mr Fitzpatrick had begun recording Mr Flynn’s driving on his mobile phone.

A recording of comments captured on Mr Fitzpatrick’s phone had been played in court.
When they came upon Mr McGrath’s car Peter Flynn had said: “This one’s going to be tight. Get in out of it, to f***.”

After Mr Flynn had undertook the first car he came up on Mr McGrath and his wife and had hit the convertible that was being driven by Mr McGrath.

“I looked behind. I didn’t see the car. I presumed the convertible went off the road,” Mr Fitzpatrick had said.

He had said that Peter Flynn debated whether or not to return but picked up speed and turned right up a by-road where he pulled in and examined the damage done to his own car, which, Mr Fitzpatrick, had said was “only small”.

Another witness, Edel McLoughlin, had said in a statement that she had been heading home going in the direction of Limerick when “all of a sudden a car undertook at speed on the hard shoulder”.

Ms McLoughlin had said that she got an “awful fright” as she had not seen the vehicle approach due to the speed it was travelling.

Sgt Duddy had told the court that after Peter Flynn took the back road, he drove to Killaloe to the property of William McInerney and concealed the car in his yard after he removed the number plates.

“Peter Flynn, Ben Flynn, Thomas Fitzpatrick and William McInerney then got a lift to Broadford, county Clare, arriving at 2.59pm. Peter Flynn then spent the day drinking and at around 8.30pm CCTV from the premises showed Peter Flynn pointing out photographs of the collision to the others,” Sgt Duddy had told the court.

He said that Peter and Ben Flynn had left the bar at 8.45pm and Ben Flynn had asked a friend to take Peter Flynn home, but they had gone to a different house where Mr Flynn had been collected by his sister and brought to Nenagh Garda Station.

Sgt Duddy said that Peter Flynn initially had said that Mr McGrath had braked and pulled in but that his reaction “was not as fast as the other man’s”, and he clipped him from behind.

He had said he thought the McGraths were ok.

“I know now I should have stopped. I automatically came to the Garda Station when I knew someone was injured,” he had said.

Mr Flynn had said that in relation to the manner of his driving he had been “away in my own heading thinking” as he had just broken up with his partner.

In his second interview, Mr Flynn admitted he had been driving at 60mph, but at speeds of up to 70 to 80mph while passing out other vehicles.

In his third interview, he admitted parking the car in William McInerney’s yard and removing the plates, and in his sixth interview he admitted driving too fast and not being able to stop.

Sgt Duddy had said that Mr Flynn had written a letter of apology to the McGrath family but it was not accepted.

Ben Flynn had admitted to gardaí that he got a friend, Kieran McInerney, to drive to William McInerney’s yard so he could get the car and “get rid of it”, Sgt Duddy had told the court.

Mr Flynn had said that he had made the comment earlier that day that they should burn it and “get rid of the prints”.

Ben Flynn had got into the car and followed Kieran McInerney, who had not been in their company but who had been in the bar in Broadford, to a forest area near Bodyke, county Clare, where they set the car alight by putting a plastic cattle feed bag into the fuel tank. They then tried to push it over a ledge but were unable to do so.

The car was found the following morning by a walker who contacted the gardaí.

Kieran McInerney initially had made no admission of involvement but had later said that he and Ben Flynn had driven to a forest to burn out the car. However, he couldn’t recall who exactly had set it alight.

Bill O’Brien, BL, for Ben Flynn, told Judge Quinn at his sentencing last Thursday, that his client had taken full responsibility for his actions and felt he deserved punishment.

He said Mr Flynn’s primary concern was for Mr McGrath and his family.

He said Mr Flynn was a young man who had left school after the Junior Cert, but who had a strong work ethic.

He said Mr Flynn maintained that it had been his idea to destroy the car and had not discussed it with his uncle.

What he did was “grossly stupid” as his uncle was already on his way to the gardaí, he said.

Mr O’Brien said Mr Flynn’s action had been out of a “misplaced loyalty to his uncle”.

Counsel for Mr McInerney said that her client had fully c0-operated with the gardaí and was remorseful.

She said he wished to pass on his condolences to Mr McGrath’s family.

Counsel pointed out that Mr McInerney had not been present at the accident and had only become aware of it while watching TV that night.

“You could say he was in the wrong place at the wrong time,” she said. “He regrets his involvement.”

She said her client was a hard-working small farmer who lived with his elderly parents, who were not well and was involved in fundraising for charities.

Passing sentence, Judge Quinn said that Peter Flynn had gone to his sister’s house and she was bringing him to the Garda Station when he found out his car had been burnt out.

He said Ben Flynn had initially said he had brought the car to Doonbeg, which was not true and later admitted setting it alight in forestry.

Mr McInerney had admitted helping Ben Flynn.

“They both knew it was involved in a fatal collision and tried to destroy the evidence,” said the judge.

He said Ben Flynn had done it out of a “sense of loyalty”, while Mr McInerney had committed a “serious error of judgement”.
Judge Quinn said their actions were to prevent the identification of the driver.

Ben Flynn had been a front seat passenger in the car and knew first hand that there had been a fatal accident. Mr McInerney also knew it had been involved in a fatal accident.

Judge Quinn sentenced Ben Flynn to 18 months in prison, but suspended the sentence fully for 18 months in his own bond of €200.

He sentenced Mr McInerney to 18 months, fully suspended for 18 months, on condition he enter a bond of €200 .

He further ordered that Mr McInerney keep the peace and be of good behaviour and that he remain under the supervision of the probation services for six months and comply with all their requirements.