A 43-YEAR-OLD man who has admitted causing the death of a retired Fermanagh restaurant owner by careless driving over three years ago has expressed his “profound remorse and regret” to her family.

Eileen Maguire (69), who ran The Oaks Restaurant in Lisnarick with her husband James for many years, died after a serious road traffic collision at Belfast Road, Fivemiletown on November 1, 2013.

The popular grandmother had only retired from the family business eight months before the fatal crash.

Damian Maguire, of Knockonny Road, Ballygawley, who was not related to the deceased, had been charged with causing her death by dangerous driving.

The 43-year-old had also been accused of causing grievous bodily injury to both Mrs Maguire’s husband and her son Connor by the dangerous manner of his driving.

Meanwhile, the defendant had faced a further charge of causing grievous bodily injury to his own wife, Joanne, by dangerous driving.

After entering not guilty pleas to these four charges, Maguire was due to go on trial at Dungannon Crown Court last week. A jury had been sworn in two days before.

However, just before the trial was about to start, defence counsel, John McCrudden QC, applied to have his client re-arraigned on all four counts.

The court clerk then read out the charges to the defendant, who was standing in the dock.

Maguire replied that he was pleading not guilty to causing death by dangerous driving, but guilty to causing death by careless driving.

In respect of the other charges, he pleaded not guilty to causing grievous bodily injury by dangerous driving, but guilty to causing the injuries by careless driving.

Prosecuting counsel, Richard Weir QC, told the court that he had taken instructions and those pleas were “acceptable” to the Crown.

Judge Neil Rafferty QC observed that the defendant had now pleaded guilty to lesser charges, but which were “still serious”. He then discharged the members of the jury.

Mr Weir informed the court that it was his intention to seek the preparation of victim impact statements and medical reports ahead of sentencing in the matter.

He described Eileen Maguire as a “beloved wife and mother” to three sons, one of whom was seriously injured, as was her husband.

The barrister said there were “substantial medical issues arising” and the reports “may take a little time”.

After observing that he had read the papers in the case, Judge Rafferty told the court that he had been touched by the “enormity of the loss” and expressed his sympathies to the family of the deceased.

In response, defending counsel Mr McCrudden said he had been instructed to express “profound remorse and regret” on behalf of his client to James Maguire, Connor Maguire and the other members of their family for the loss of Mrs Maguire.

He added that it was “important” to put that on the record.

Adjourning the matter, Judge Rafferty told the court that the defendant had pleaded guilty to offences that were less serious in terms of criminal culpability, but still serious.

He noted that the incident had left a family “bereft” and other members of the family suffering from injuries.

The judge directed for the preparation of a pre-sentence report and released the defendant on bail to return for sentencing on a date to be fixed on Friday, February 10.

He stated that victim impact statements and medical reports would inform the sentence.

Judge Rafferty finished by concluding that the defendant’s guilty pleas would also be taken into account.