Judge orders test review after R driver kills friend

Chris Donegan • Published 12 Aug 2010 16:00 0 Comments

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Michael McWhinney (left) leaving Enniskillen Court.<<

Family friends of Mark Watters show their grief after the outcome of the court case.

A judge has called for an urgent review of the driving test after a 19-year-old man crashed on a narrow country road at night and killed his front seat passenger.

Michael McWhinney had only passed his test five months earlier.

He appeared at Fermanagh Court yesterday (Wednesday) and admitted causing the death of his 17-year-old friend, Mark Watters, by driving carelessly. He was given 200 hours of community service and banned from driving for three years, at the end of which period he will have to resit the test before being allowed back on the road.

Passing sentence District Judge Liam McNally said it appeared to him that the case “demonstrates the failings of the present test system in ensuring the ability of young drivers to drive during the hours of darkness on narrow country roads.

“This should be reviewed by the authorities as a matter of urgency,” he stated.

He had heard how, at approximately 9pm on March 26, last year, McWhinney, from Clabby Road, Clabby, was driving a Fiat Seicento car along the Derrylin Road, Lisnaskea. At the time it was dark and there were no street lights.

The prosecuting counsel told the court that McWhinney was an “R” driver who had only passed his test five months earlier. As he travelled towards Lisnaskea he lost control of the car at a left hand bend and it mounted the grass verge and hit a tree. The passenger side of the vehicle took the full impact and Mr. Watters, who was sitting in the front passenger seat, sustained multiple injuries and died a short time later. The prosecutor said McWhinney could give no reason for losing control of the vehicle, although the crash happened at an accident black spot. He had not been drinking, there was nothing wrong with the car nor the road and both he and Mr. Watters were wearing seat-belts.

The District Judge interrupted to point out that there were chevron signs warning approaching drivers that it was a dangerous bend.

The prosecutor said McWhinney travelled the road regularly and knew it and the bend well.

The court heard how a forensic scientist carried out various tests and concluded that it was possible to negotiate the bend at up to 55mph without any difficulty.

An expert employed by the defence concluded that the bend could be negotiated comfortably at up to 48mph.

As an “R” driver McWhinney was restricted to 45mph.

The District Judge said the failure of the experts to identify the cause of the collision and determine the speed involved left him in some difficulty is assessing the standard of McWhinney’s driving.

“A court can only proceed on the basis of the evidence before it,” he pointed out.

“Whilst Mark’s family may suspect that the defendant was driving far too quickly on this bend, I cannot sentence on the basis of suspicion,” he explained.

“There quite simply is no evidence of excessive or grossly excessive speed,” he said.

“The evidence of the experts is that an oversteer allied to the defendant’s inexperience is as likely to have caused the accident as the defendant’s speed,” the District Judge stated.

“I have concluded from the evidence before me that the defendant was travelling at a speed which was too great to safely negotiate this bend, particularly taking into account his limited driving expertise, and that an oversteer is these circumstances caused the accident,” he added.

He revealed that the pre-sentence report by a probation officer concluded that McWhinney was genuinely remorseful and contrite and aware that he will have to live with the legacy of his involvement in the death of his close friend and consistently expressed regret for the consequences for the victims.

Earlier defence barrister Ian Turkington acknowledged there was nothing that could be said that would assuage the hurt felt by the Watters family, many of whom were present in court.

He said McWhinney had difficulty sleeping, woke up with nightmares and could not live with the guilt of causing the death of his best friend.

“Just like them, there is not a day goes by that he doesn’t think of his close friend,” said Mr. Turkington.

He said McWhinney maintained he was travelling at 40mph. Clearly his inexperience was a significant feature.

Mr. Turkington added that McWhinney had difficulty in the local community in relation to the crash and although he attended the wake and funeral was advised by the police to have no further contact with the Watters family.

The District Judge told the court he had received a letter from the family and said no-one that read it could fail to be affected by the suffering they have undergone since Mark’s death.

“Nothing that this court can do can turn back the clock and restore a young life cut so tragically short, but it is important that, in approaching the determination of the proper sentence, that the court is aware and at all times mindful of the hurt that has been caused and the wounds that may never heal,” he stated.

“At the end of the day, after a great deal of thought, I have concluded that the appropriate sentence is a community service order of 200 hours, the maximum being 240 hours,” he stated.

He said the work involved would range from gardening to painting and decorating.

“The defendant will be reminded of the loss of life caused by him in every blade of grass he cuts and every stroke of his paint brush,” the District Judge concluded.

Speaking afterwards the Watters family said: “We are just not happy with the outcome.”

This article appeared in Impartial Reporter 12 Aug 10

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