This article is from page 9 of the 2006-11-28 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 9 JPG
THE DIRECTOR of Public Prosecutions (DPP) has appealed the leniency of a three year sentence handed down to a 19-year old for the dangerous driving causing death of two Kilkee girls.
At Ennis Circuit Court last month, David Naughton (19) was jailed for three years after he pleaded guilty to the dangerous driving causing death of two girls, Stacey Haugh (16) and Lorna Mahoney on October 17, 2003.
Imposing sentence, Judge Con Murphy said that Naughton was on a campaign of dangerous driving on the night in question.
Naughton was 15 at the time and bought the green 1984 Opel Kadette that he crashed for €60 on the day of the accident.
Mother of Lorna, Geraldine Mahoney yesterday welcomed the DPP decision to appeal the sentence to the Court of Criminal Appeal.
She said, “I’m relieved that an appeal has been lodged. The bottom line is that three years is not long enough for two lives lost.”
Mrs Mahoney said that Naughton had “shown no remorse and did everything in his power to avoid being caught”.
Mrs Mahoney formally requested the DPP to appeal the leniency of sentence earlier this month through her solicitor, Eugene O’Kelly.
In the letter, Mr O’Kelly stated, “Our client feels strongly that she and her family have been let down by the continued inept handling of the case by the State.
Focusing on Naughton’s extradition warrant which prevented Judge Murphy considering imposing a sentence higher than five years, Mr O’Kelly asked, “Why was the Extradition Warrant incorrect and who was responsible for ensuring its accuracy? This error had the most significant impact on the length of the sentence imposed and was wholly within the Prosecution’s control.
“Our client would like the Court of Criminal Appeal to review whether or not Mr. Justice Murphy had the jurisdiction to depart from the terms of the Extradition Warrant and, therefore, commence his sentencing procedure with the correct maximum sentence under Irish law.
The letter continued, “Mr. Naughton had done everything in his power to avoid prosecution for this offence including failing to appear while on bail for the first time.
“His attempts to avoid prosecution added considerably to my client, and her family’s, distress and eroded their faith in the legal system . . .”