UlsterNet.co.uk

Ballygawley family’s plea saves death driver from jail

Wednesday, 7 July 2010

Nicola Murray.

A LORRY driver was spared from going to jail for causing the death of a Ballygawley schoolgirl after her family made an impassioned mercy plea in court.
Forty-six-year-old Damien Francis McGivern from Ardmore Park in Hilltown, Newry was handed a 14-month jail term suspended for two years at Dungannon Crown Court last Friday.
In passing sentence, Judge David McFarland said it reflected "the mercy available to the court" and was one which the surviving victims and their families had urged him upon.
The court was earlier told of a heartfelt email sent to the court from the family of 16-year-old Nicola Murray who was a pupil at St Ciaran's High School, Ballygawley. Nicola was killed when McGivern's lorry crashed into the rear of her school bus on the notorious A4 road near Ballygawley on February 27, 2008.
In it the family expressed their "loss and suffering" which "went beyond comprehension and any words" but, they added, "the handing down of a prison sentence would be of no good to anybody or positively to them as a family".
Judge McFarland said that this was a further mitigating factor in the case and that jailing McGivern may have "an adverse impact" on Nicola's family.
McGivern, who had been a lorry driver for 24 years and who, prior to the crash, had both a clear record and Licence, was also banned from driving for five years.
The father-of-six had previously pleaded guilty to causing death by dangerous driving and causing grievous bodily injury to two other school girls aged 10 and seven.
Speaking outside court Nicola's parents, Jim and Paula Murray, said they were satisfied with the outcome and did not want to see McGivern jailed.
Mr Murray said: "We have been given support from the McGivern family. It would not have benefited ourselves or our family for him to have spent some time in jail at this particular time. I suppose it does help us to come to terms with the situation we are in and knowing that he is going home to his family at this stage..
Nicola's twin sister Natasha, who was also a passenger on the bus but escaped serious injury, echoed her father's sentiments, stating that she did not want any more suffering to be caused.
The Murray family also paid tribute to the authorities for their handling of the case.
Earlier in court they had heard Defence QC Eugene Grant state that McGivern "suffers enormous remorse and is tortured daily...for the tragedy he had inflicted on others."
“He will carry this guilt to the grave. This is a man who is heartbroken and devastated," he added.
Prosecution QC Richard Weir also told the court that the families "do not blame Mr McGivern" and understand "he did not intend to cause injury to anyone.
“They are forgiving of him and their desire is not to see him punished in the conventional way."
Concluding, Judge McFarland said that there was "no evidence of excessive speed or tailgating" and that it many never be known what caused the accident.

Subscribe to read full newspaper »

Send this page to a friend »