Pair remanded for causing man’s death

Pair remanded for causing man’s death

4 January 2017

TWO men have been remanded in custody for causing the death of a Ballyhornan pensioner.

Che McManus (21) and Daryl Kirton (23) were remanded amid emotional scenes in Downpatrick Courthouse ahead of sentencing later this month.

McManus, of Carriff Court, Downpatrick, pleaded guilty in November to causing the death of Patrick Wilkinson by dangerous driving on June 25, 2014.

Kirton, formerly of Crossgar but now with an address at Fell Street in Liverpool, pleaded not guilty to causing death by dangerous driving, but admitted causing death by careless driving. He also admitted causing the death of Mr Wilkinson while driving with no insurance.

The two men were driving in separate cars at the time.

Their 72-year-old victim was struck on the Killard Road in Ballyhornan — a stretch of road at the centre of a long-running appeal by residents calling for a reduction in the speed limit to 30mph.

At the hearing in Downpatrick on December 21, Prosecution counsel David McDowell QC said Mr Wilkinson was helping to herd cattle into his son-in-law Patrick Magee’s small farm when he was fatally injured by McManus’s blue Vauxhall Corsa car shortly after 4pm.

He said Mr Wilkinson had parked his Land Rover Discovery across the road to help herd the cattle into the yard.

“Once all the cattle were in the yard, he moved the Discovery to face the direction of Ballyhornan,” he added.

“He was standing with another man, Martin Byrne. Mr Byrne saw the blue Vauxhall Corsa car come round the corner from the direction of Kilclief.

“Mr Byrne said the car lost control and started to spin around and rotate and ended up facing the wrong way.

“The car struck the Land Rover Discovery and also Mr Wilkinson, trapping him underneath the vehicle.”

An expert witness estimated that as the car spun around it was travelling at a speed of between 40 and 51 mph.

McManus had only passed his test three months earlier in March 2014.

The court heard the Corsa had been following behind a black Seat Cupra and that earlier that day the cars were spotted on CCTV driving through Ballyhornan at speeds of 30mph.

Kirton, the driver in front, said he saw a “puff of smoke” in his rearview mirror and realised there had been an accident.

Mr McDowell continued: “The deceased’s daughter, Patricia Magee, saw her father underneath the car. She was screaming: ‘Call 999, call 999’.”

The barrister went on: “This family have faced this case with dignity and compassion. They accept that these defendants did not go out that day to kill anyone.’’

The court also heard that the conditions of the road did not have an impact on the collision. However, when it came to handling the road and what occurred, the pair did not have the appropriate driving experience.

Mr Arthur Harvey, QC, representing McManus, said his client had “steered inappropriately” causing him to lose control. He said McManus was not speeding but was driving at an “excessive speed given his experience”.

“There are no aggravating features,” Mr Harvey said. “This defendant has genuine remorse. This matter has played heavily on his conscience. He recognises he has a moral responsibility for what happened on that day.”

Mr Eugene Grant, QC, representing Kirton, said his client “expressed his enormous regret and remorse for the suffering he has caused to the Wilkinson family”.

He added that Kirton was now studying a degree course in England and hoped to graduate in July 2017 as a mental health nurse but this was likely now to be impacted.

A former employer also spoke of the high esteem in which he was held.

Judge Piers Grant heard victim impact statements from the deceased’s family described as “heart-wrenching in nature” by the prosecution. He said he would take time to consider all the reports ahead of sentencing on January 12.