Longford man jailed for drink driving crash in which his pilot friend died

A secondary school teacher who drove a Porsche, while drunk, and crashed it, resulting in the death of young pilot, Brian McGinnity, has been jailed for 28 months, with the final 12 months suspended.

Joseph Farrell (26), of Stonepark, Ballymacormack, Longford, appeared before Judge Kenneth Connolly at Longford Circuit Court this week, charged with dangerous driving causing death in the early hours of December 18, 2021.

Garda Karl Foley, in his evidence to the court, said Mr Farrell had been friends with Mr McGinnity and that the pair had been socialising in Longford town on December 17, before agreeing to go to Mr McGinnity's family home in Killoe.

The pair chose to drive Mr McGinnity's Porsche 911, with Mr Farrell getting behind the wheel.

Garda Foley explained how, coming around a left-turning bend on the Cullyfad road at Coolnahinch, Mr Farrell lost control of the vehicle, veering onto the wrong side of the road and rotating anti-clockwise.

The rear driver's side of the vehicle then collided with a tree, causing the car to rotate clockwise, until the front driver's side of the car collided with another tree and was flipped onto its roof.

The collision was reported to Gardaí at 12.54am by a witness who believed one of the vehicle's occupants was deceased.

The road itself was a two-way single carriageway, with a speed limit of 80km/hr. The weather was dry but it had just started raining when Gda Foley arrived at the scene.

He observed a badly damaged vehicle lying on its roof with a male inside.

“I observed a male's feet protruding out of the vehicle. He appeared to be talking and calling out to another man,” said Garda Foley.

Mr Farrell was “hysterical”, “crying” and “unsteady on his feet”, the court heard, and there was a smell of alcohol coming from him.

“He appeared in some pain and discomfort,” said Garda Foley, adding that Mr Farrell immediately admitted “I was driving, it was my fault.”

At 1.22am, Mr Farrell complied with an alcohol test and failed. Later, a blood sample was taken in the context of providing medical assistance, but it was taken outside of the time limit for a road traffic prosecution. However, the court heard that Mr Farrell had been more than three times over the limit on the night he drove, with 166 mg of alcohol per 100ml of blood.

Before being questioned, Mr Farrell told Gardaí, “I want to say how deeply sorry I am for what happened that night and I want to express my sympathies to the McGinnity family”.

He also pleaded guilty at the earliest opportunity and took full responsibility for what happened on the night of the incident.

He told Gardaí his memory of the night was “hazy” and that he had very little recollection of what happened.

He remembered he'd had seven pints, maybe more, and that he and Mr McGinnity had decided to go to Mr McGinnity's “home house”. He said he remembered getting into the Porsche at Provider's carpark and that he was the driver. He also remembered the car being on its roof.

He told Gardaí that was his first time driving the vehicle and that he “wouldn't have been used to a car like that” and that it was a powerful car.

He also said he had a vague recollection of the lights of a car and of crawling out the window and calling to Mr McGinnity.

Garda Foley told the court that there was no evidence of speeding or joy riding on the night of the incident.

A victim impact statement, read in court by Owen McGinnity, the father of the victim, stated that this was not the first time he and his family had experienced loss. In fact, Brian's mother had passed away when Brian was just eight years old.

He said he and his family had spent the following years putting the pieces together and that he had been “so proud” to see his son and three daughters “excel in their lives”.

“Brian was our only son and our first born,” he said, stating that Brian had “a depth of knowledge beyond his years”.

At 17, he acquired his pilot's licence and excelled in his education, getting a Masters in Aviation at UCD and had bright and promising career prospects.

Mr McGinnity told the court that, from an early age, Brian's three sisters, Aileen, Katie and Jane, always said he was the most intelligent person they had ever met.

“We can't understand the senseless decision he made that night,” he said, adding that, after they had shut the family business for the night, they had gone for a drink afterwards.

“As I said goodbye at 7pm, expecting to see him the next morning at the shop, I never thought it was the last time I'd see him alive.”

The sight of two Gardaí in his house the next morning and the sounds of his daughters crying as they heard the news of their brother's passing are things he said he will never forget.

“There are no words invented yet which come close to describing the feelings we've had over the last two years,” he said.

However, he added, the family did not want any severe punishment inflicted on Mr Farrell.

“We can't bring Brian back but we know he wouldn't want Joseph to suffer any more,” he said.

Mr Farrell, taking to the witness box, said he was “deeply sorry” for the events of that night and that his life has changed in the absence of his friend.

“I frequently thought it would be preferable if I had died instead of him,” he said.

He told the court he doesn't drink anymore and that he wonders if he'll ever come to terms with what happened.

The court also heard that Mr Farrell has ongoing guilt and feels he deserves to be punished.

“It is very clear that both Mr McGinnity and Mr Farrell were in the car voluntarily, but only one of them committed a crime,” said Judge Kenneth Connolly during the sentence hearing.

The main aggravating factor in the case was the amount of alcohol consumed before Mr Farrell got into the car.

However, he noted, there were no charges of no insurance as he was insured to drive his friend's Porsche.

“He must live with the dread and devastation of losing his friend,” said Judge Connolly.

“A very charitable approach was adopted by the McGinnity family, asking the court to deal leniently with him and that is a testament to what a decent and respectful family they are.”

He proceeded to sentence Mr Farrell to 28 months in prison, with the final 12 months suspended for two years. Mr Farrell was also disqualified from driving for seven years from the date of sentencing.