Judge says Sheila Dunne's death was entirely preventable, after ...

The tragedy of the drunken drive which saw a woman causing the death of her best friend in Glanmire was that it was entirely preventable, the judge said as she jailed the driver for four years.

“It is not a crime to go out with your friend (and have a few drinks) but it is a crime to get behind wheel of the car.

“You could have had a designated driver or taxi or a bus or walked.

“Unfortunately, you sealed the fate of the passenger in that car, Ms Sheila Dunne.

“Alcohol is an aggravating factor and the sustained period of poor driving including a request from one person who knocked on your window and indicated you should pull in and park,” Judge Helen Boyle said.

Tragically, that advice to stop driving was not heeded and the fatal collision occurred soon afterwards.

The judge noted that the deceased was not wearing a seatbelt on this journey while Ms Thomas did wear a seatbelt.

There was evidence at the sentencing hearing that not wearing a seatbelt put a person at 600% greater risk of injury.

46-year-old Jennifer Thomas of 10 Oakfield View, Glanmire, Cork, pleaded guilty to the charge that on February 11 at L2973, Sarsfield Court, Glanmire, she drove in a manner that was dangerous to the public thereby causing the death of 50-year-old Sheila Dunne.

Judge Helen Boyle imposed a sentence of five years with the last year suspended at Cork Circuit Criminal Court today.

“We hope this sends a powerful message – actions have consequences.

“If your story can stop another family from suffering this kind of heartbreak, maybe it will have meant something.

“No amount of defence can change what happened to my Mom.

“Accountability matters. A guilty plea is a step toward holding them responsible, even if it feels empty. But it’s not enough. It’s not the justice my Mom deserves,” said Lilley Dunne.

“I won’t let my mom’s memory be confined to the outcome of this court case or the way we were treated.

“I’m standing up for her and for every victim in a system that often feels unjust.

“What matters now is that my words reach those who truly care about justice – the courts, the judges and anyone listening.

“I’ve shared my pain, my love for my Mom and the lifelong impact this tragedy has had on myself, TJ (her younger brother) and our family. We love you Mom.

“And though too short, you gave us a life full of memories that we will treasure for ever.” 

Judge Boyle thanked the deceased woman’s mother and daughter for their victim impact statements and described Lilley Dunne as “an amazingly brave person.” 

The judge said that upsetting content of social media commentaries were a feature of the case but were not something that could impact sentencing.

“There were a number of untrue stories on social media, perhaps reflected in mainstream media reporting on social media.

“I do accept they added to the grief of all the parties here but this court sentences on the basis of evidence,” Judge Boyle said.

As well as referring to the victim impact statements, the judge noted background reports on the accused woman and the fact that she made a verified, serious attempt to take her own life on October 24. And the judge noted her remorse on causing the death of her friend.

An aggravating factor in the case where Jennifer Thomas’s dangerous driving caused her best friend’s death was the fact that she told a garda at the scene that it was the deceased who had been driving.

Evidence 

The evidence was that at the scene of the single vehicle crash Jennifer Thomas said to at least three first responders from the fire service that she (Jennifer Thomas) was the driver but that soon afterwards she told Garda Eric Stafford that Sheila Dunne had been driving.

Judge Boyle said in consideration of aggravating factors: “The conduct at the scene is that you told a number of people you were the driver.

“But it is the fact that when lawful demand was made of you, you named Ms Dunne as the driver.

“Asked why, you said, she had more control.

“I do accept it was in the context of a road traffic collision and you were on a spinal board and you were intoxicated at the time (when this was said).

“But on the second lawful demand you accepted you were the driver.” 

Evidence was also given that at the scene of the single vehicle crash, Jennifer Thomas was heard hysterically repeating, “Please wake up. How can I live without her?” 

Judge Boyle referred to evidence of a witness seeing her asleep at the wheel a short time before the 7.30pm crash.

She was stopped in traffic but failed to drive on for eight minutes.

Cars beeped and drove around her.

There was a similar incident which lasted five minutes – again in the half hour before the fatal crash into an embankment which turned the car on to its driver’s side at 7.30pm that Sunday evening.

Detective Garda Durcan said that ten minutes before this, there was a text to Ms Dunne from her daughter to bring home a pizza.

And a minute after the collision there was a call to Ms Thomas’s phone, also from Ms Dunne’s daughter, Lilley. This was discovered in the garda analysis of phones in the investigation.

Detective Garda Durcan testified that on Sunday February 11 this year at around 7.30 pm the jeep driven by Jennifer Thomas, after drinking 12 alcoholic beverages in the course of the day, crashed and turned over causing injuries to her friend and front seat passenger, Sheila Dunne, as a result of which she died.

The two women had gone to the 12 Tables restaurant in Douglas for lunch, followed by the Pier Head in Blackrock and The Castle Bar in Glanmire that day.

Ms Thomas drove a number of times during that day until she drove after 7pm that evening with Ms Dunne her front seat passenger.

On the journey home after being stopped in traffic she failed to drive off for over eight minutes, causing traffic from behind to beep and pass her.

One motorist looked into the vehicle and said Jennifer Thomas was asleep at the wheel and it was clear that both driver and passenger were intoxicated, Det Garda Durcan said.

At a later point in the journey the vehicle was seen going on to the incorrect side of the road and later stopping for five minutes.

The jeep then hit a number of traffic cones, knocking them over.

One citizen was so concerned they drove after the car.

The detective said Ms Thomas narrowly missed two pedestrians correcting the vehicle at the last moment.

“Jennifer Thomas then drove around a left bend, failed to straighten the vehicle, (went on to a grass verge, mounted a walled kerb) and overturned on to the driver’s side... Her phone was on Bluetooth and auto-contacted emergency services by 999,” he said.

The detective said that Ms Dunne fell down on top of Ms Thomas in the driver’s seat when the jeep-type vehicle landed on the driver’s side.

He said Ms Thomas was agitated and upset, repeatedly asking how Ms Dunne was.

When fire officers at the scene asked who was driving Ms Thomas told them she was driving.

A short time later she told Garda Eric Stafford in response to the same question, that Sheila Dunne was driving because she had more control.

Tom Creed defence senior counsel said Ms Thomas admitted she was driving and pleaded guilty at the earliest opportunity.

He said she also apologised to the family of the late Sheila Dunne and hoped they would find the space to heal. “I am totally sorry in more ways than I can express,” she said in a letter.

Victim impact statements

The deceased woman’s mother, Esther O’Brien, 74, said in her victim impact statement: “This loss has not only shattered my life but has also left two precious grandchildren without their mother.

“My daughter was my biggest support. We shared a deep bond, she was my confidante, my source of strength.

Lilley Dunne spoke on behalf of herself and her younger brother TJ about the impact that losing their mother in this way has had on them.

“As a 23-year-old girl, I have already faced the unbearable loss of my Dad and now to experience the agonising loss of my Mom feels like a cruel twist of fate that I cannot comprehend… This experience is what I can only describe as hell on earth and something that I wish no one would ever have to go through.” 

After the four-year sentence was imposed on Jennifer Thomas, Lilley Dunne, said outside the courthouse: “I carry a life sentence of love, loss and shattered lives. What happened to my Mom was senseless and preventable and haunts me every day. Drink driving is a choice.

“A choice that ruins lives.

“When someone pleads guilty, the focus shifts from the harm they caused to their excuses and mitigation.

“I feel like the system cares more about the defendant’s story than the pain and injustice we’ve suffered. 

“A guilty plea doesn’t heal the wounds or acknowledge the depths of our loss.

“The system might prioritise the defendant’s rights but it’s wrong.” She felt that the victim’s voice was lost in the proceedings and also complained that it took the gardaí weeks to tell her formally that her mother was not the driver of the car.

Concluding her judgement and pausing briefly just before she measured the sentence at five years with the last year suspended, Judge Boyle offered the cautionary words, “No sentence can really bring justice to people who have lost family members.”