Man jailed following Longford horror crash that left young women with life-changing injuries

“He chose to do this, and now he has to live with the consequences,” Judge Kenneth Connolly said as he sentenced a man convicted of two charges of dangerous driving causing serious bodily harm to two and a half years in prison.

Jaison Kurian (46), of Ballyclare Court, Ballyleague, Roscommon, appeared at a sitting of Longford Circuit Court last week having pleaded guilty to charges stemming from a road traffic collision on April 9, 2023.

Emer Gavigan and Ciara Fox both underwent weeks of hospital treatment following a “horrific” road traffic collision on the outskirts of Ballymahon. Mr Kurian's dangerous driving left both young women with life-changing injuries as a result of the head-on crash.

Ms Gavigan and Ms Fox were the front seat occupants of the car, while their friend, Orla Keane, was a rear seat passenger.

The State's case was presented by barrister, Shane Geraghty BL. State witness Garda Eamon Fitzpatrick outlined details of the incident and the subsequent Garda investigation into the matter.

When Garda Fitzpatrick arrived at Drinan, Ballymahon the defendant's car was in the middle of the road, while the other vehicle was “substantially damage”.

Mr Kurian only sustained minor grazing as a result of the crash, but the occupants of the second car were clearly in distress.

The driver, Ms Gavigan, was in a critical condition, in danger of going into cardiac arrest and in a potentially fatal state. Ms Fox, the front seat passenger, was also in a critical condition and going in and out of consciousness.

A passing motorist, Dessie O’Reilly, had earlier come to the aid of the crash victims, freeing Ms Keane from the wreckage and alerting emergency services.

Garda Fitzpatrick administered a roadside breath test on Mr Kurian, which returned a fail reading and a subsequent breath test at Longford Garda Station revealed a reading of 48mg of alcohol per 100ml of breath.

The witness said a forensic collision investigator later assessed the scene of the accident and determined that Mr Kurian “failed to maintain lane discipline” which resulted in the “head on collision”.

By analysing the CCTV footage available in the area the forensic collision investigator found that Mr Kurian was travelling between 70kph to 73kph at the time of the crash, while the speed limit was 60kph.

The defendant attended at Longford Garda station on May 10, 2023 and gave a voluntary caution statement. He said the evening before the crash he was at mass in Multyfarnham that was being recorded for broadcast the following morning. He provided the food for the event.

After that there was a second religious service in Mullingar. Mr Kurian admitted consuming wine and whiskey at the party between services, but said he went to a friend's house after the second mass. After this gathering he slept for a while before deciding to drive home.

In interview he told officers he was driving out of Ballymahon when he felt a sudden lost pressure in one of his tyres before the collision. He said he saw the car coming and it turned to the right, but his car was out of control and they hit him.

Garda Fitzpatrick told the court that tests undertaken by the forensic collision investigator did not bear out this version of events.

The three young women gave candid victim impact statements to the court outlining the recollections of the night and the repercussions it had on their lives.

The young ladies were out socialising in Longford town, after a meal they went to a pub and then nightclub. As Emer Gavigan was the designated driver she was not drinking.

In her statement Ms Gavigan, who was 22 at the time, spoke of the “devastating impact” on her life by the actions of a “careless individual”. She said she was on the brink of completing her nursing studies at the time, but her injuries halted her progress and left her “in a state of depression”.

She movingly spoke of the impact it had on her family: “When they came to the hospital they were handed an envelope of my personal effects, my cut up jeans, and my blood covered runners before they got to see my lifeless body.”

Ms Gavigan had very little recollections of the incident and spent six and half weeks in Tullamore Hospital. She said she continues to live with the fallout of the collision: “My anxiety is now a front seat passenger every time I get in a car.”

Ciara Fox detailed the “huge physical impact of the crash”. Ms Fox did not have any recollection of the incident, and was treated in the ICU of Beaumont Hospital until April 17, 2023.

Her victim impact statements referenced the physical and psychological impact the crash had on her life. Ms Fox had to undergo a craniotomy, a surgical procedure to remove part of the bone from the skull to expose the brain, and described the emotional toll as “overwhelming”.

The front seat passenger's injuries were so significant she missed the final year of her college studies and spoke of “watching the clock” for her next painkiller. She said she felt anxious, depressed and continues to feel unsafe in cars.

Ms Fox stated she felt that Mr Kurian “made no attempt to help us”.

Learning support teacher Orla Keane spoke of the “reckless and irresponsible actions” of the other driver that night, describing him as “a man who knowingly got into a car while intoxicated and left our families fearing the worst”.

Ms Keane addressed the difficult mental toll of the crash, but thanked her family, friends and passing motorist, Dessie O’Reilly.

Ms Keane concluded by saying: “I am lucky to still have my two best friends here today.”

The court was told that although Mr Kurian had no previous convictions, he received a six month driving ban for a Fixed Charge Penalty Notice (FCPN) for driving over the limit in May 2021.

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The defendant prepared letters of apology for each of the victims of his dangerous driving, however the court was told the three women were unwilling to accept them, but would prefer a statement by Mr Kurian in the witness box.

Mr Kurian, speaking through an interpreter, told the women: “I am sorry.”

Defence barrister, Dara Foynes SC, said her client came from a culture where “alcohol does not feature” and only started drinking when he came to Ireland.

Ms Foynes described the offence as “an aberration”, telling Judge Connolly her client made a decision in the early hours of the morning to try to get home, adding that Mr Kurian was “otherwise of good character”.

In summing up Judge Connolly described the “horror crash” that “affected many lives, like ripples that emanate from the incident”.

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“He chose to do this, and now he has to live with the consequences. He made a choice, a bad one, and it has affected many lives,” Judge Connolly said.

Describing the passing motorists, Dessie O'Reilly, as “a hero” the judge and also commended the emergency service “for a wonderful job”.

The judge spoke of being “utterly stunned” that the two front seat passengers survived a crash that “utterly decimated” the car and left the women with lifelong injuries.

He noted that the victim's car was spun around 360° before colliding with a footpath and a wall.

Judge Connolly highlighted the aggravating factors: the fact Mr Kurian was at twice the legal limit, had a previous disqualification for driving while intoxicated and the severity of the collision which resulted in the “destruction” of the victim's car.

In mitigation the judge noted the early plea, the fact Mr Kurian had no previous conviction, his documentation was in place and he had not come to subsequent Garda attention.

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He accepted the defendant was a good family man and that while he was over the speed limit it was not “egregiously” so.
Judge Connolly said Mr Kurian's remorse appeared to be genuine.

Setting the headline sentence at five years and three months for both counts of dangerous driving causing serious bodily harm, the judge said that could be reduced to three years and nine months by the mitigating factors.

Judge Connolly suspended the final 15 months of that sentence on a probation bond for 18 months, during which time Mr Kurian must engage with alcohol addiction services. The defendant will serve a two and a half year custodial sentence, and a six year driving bans.