Fatal accident driver fails in bid to get licence back
TWO FEMALES DIED IN TUBBERCURRY CRASH IN 2004
A DRIVER who was jailed for one year after he was convicted of dangerous driving causing the death of a 42-year-old woman and a 13-year-old girl has failed in his bid to have his driving licence restored, just over half way through a ten year ban.
At the Circuit Court in Sligo, Mark Durcan (28), Bonniconlon, County Mayo made an application for have his licence restored having been banned in 2005 for ten years.
Durcan was jailed for 12 months after being found guilty by a jury after a three day trial in July 2005 of dangerous driving causing the deaths of Ursula Kearns (42), Eskeragh, Tubbercurry and Joanne Henry (13), Curry on March 16, 2004. Durcan was also fined €2,500.
Mrs. Kearns was driving her daughter, Imelda and her friend, Joanne Henry to a local disco when the tragedy occurred.
The late Judge Miriam Reynolds said Durcan's reckless and highly negligent actions had resulted in the loss of two very special and much loved people. The collision occurred just five minutes from the Kearns's home at Rhue Crossroads, Tubbercurry, on the night of March 16 when the car being driven by Mark Durcan came through a crossroads and ploughed into their car, which had the right of way.
Durcan was on his way home from a long shift as a machine driver on the construction of the M50 motorway and had taken a slip road off the main N17, bypassing Tubbercurry.
At last week's sitting of the Circuit Court, Ms. Dara Foynes B.L., instructed by State Solicitor Mr. Hugh Sheridan said the Kearns and Henry families were objecting to the restoration of Durcan's driving licence.
In reply to Ms. Foynes, Durcan accepted that he had driven through a stop sign and that he was at fault for the accident. Durcan also accepted that the ten year driving ban was part and parcel of the sentence he had received.
Mr. Kerida Naidoo B. L., instructed by Michael G. Bohan and Co, solicitors, said Durcan had paid his fine and had spent nine months in prison. He had served five years and three months of the ten year ban.
Judge Anthony Kennedy said there was no way of knowing if the late Judge Reynolds anticipated an application to restore a driving licence half way through a disqualification she had imposed.
"I'm not disposed to granting the application," said Judge Kennedy, refusing Durcan's request to restore his driving licence.
