Kilkenny death crash driver ignored 'slow down' passenger plea

A student convicted of causing the death of his friend, and serious injury of another, has been jailed for three years by Kilkenny Circuit Court. Cian Mooney (17) from Castlecomer was killed in a road crash and a third young man was left with serious injuries.

Dan Quaid, Ballyheige, Screen, Enniscorthy, was charged with one count of dangerous driving causing death and serious injury and five counts of dangerous driving, arising out of events on roads in the south of the county on April 14, 2022.

Sentencing Mr Quaid, on Monday, Judge Dara Hayes said the incident highlighted the catastrophic consequences of speed.
Before handing down his sentence, Judge Hayes extended his condolences to the Mooney family. Cian had been an only son, brother and grandson, he said, who had been in his first year at Kildalton Agricultural College. Farming was his passion and he would one day have taken over the family farm. Cian was a keen hurler and took pride in the achievements of his sisters.

The judge also extended his sympathy to Ciaran Commane, who was seriously injured in the accident. Mr Commane sustained a bleed to his brain and neck fractures and had to wear a brace for seven months. His injuries are yet to fully heal. This has affected his ability to work.
Judge Hayes told the court that in his victim impact statement Mr Commane said that if he could go back he would change places with Cian.

He said there was nothing the court could do to put right the loss to the Mooney family or injuries to Mr Commane, and he said it was important to stress any court penalty could not be a measure of the life of Cian or the loss to his family.

The tragic events unfolded on a day out for a group of students from Kildalton College. Nine students travelled in two cars to Kiltorcan Raceway, near Thomastown, before having dinner in Mullinavat and then returning towards Kildalton.
The five charges of dangerous driving occurred as Mr Quaid drove to and from the event.

On the way to Kiltorcan, at Knocktopher, Mr Quaid had driven at ‘great speed’ to the extent that the second car couldn’t keep up and Mr Quaid almost failed to make a turn.

At Kiltorcan Raceway CCTV showed Mr Quaid’s arrival. A forensic collision investigator studied the footage and estimated Mr Quaid was driving at a speed of 159kph on approach.

Before leaving Kiltorcan Mr Mooney and Mr Commane had asked Mr Quaid to drive slower. Mr Quaid took off from parking ‘at speed’ and with wheelspin. He did not stop at the gate onto the roadway and within 150 metres had reached a speed of 110kph, according to the forensic investigator.

Mr Quaid travelled the distance from Kiltorcan to Mullinavat, 11.5km, at an average speed of 86kph, the court was informed by the investigator who measured the time taken for the journey. A safe speed would have been 66.5kph.

Outside the pub in Mullinavat, on returning to his car after dinner, Mr Quaid drove at one of the group who was standing between his car and another. It was at slow speed and lifted the other man onto the bonnet of the other car.

Mr Quaid drove a short distance down the Waterford road before returning to the pub and hit Mr Commane on the leg, driving at slow speed.
After this, Mr Quaid reversed onto the road causing another car to take evasive action.

As Mr Quaid was driving towards Piltown another driver noted that he was going fast and a second driver had to take evasive action.

The fatal accident occurred as the vehicle neared Piltown. Mr Quaid was driving on a narrow road which the judge described as ‘not wide enough for two cars to pass.’ The speed limit here was 80kph but, having seen photographs, Judge Hayes said this was ‘aspirational.’ The weather conditions were good and the road was dry. The car was in good working order, Mr Quaid was fully licenced and all were wearing seat belts.

As he was driving at a speed in excess of 100kph, Mr Quaid hit a bump in the road and the rear of the car began to slide and went airborne because of the speed.

The forensic collision analysis showed the car landed while braking. It went into the soft shoulder to the right of the road where it slid for 43 metres before hitting the soft shoulder on the left side of the road and sliding for 33 metres. The car then slid along 23 metres of roadway before again veering to the left shoulder. It entered the ditch where it broke a tree before hitting an ESB pole then finally ending up back on the road.

Cian Mooney had been sitting in the middle of the back seat. He died at the scene. Ciaran Commane managed to get out of the car, despite his injuries. He spent six days in hospital.

Mr Quaid was trapped in the car. He suffered a fractured skull and fractured ribs and was in a coma. He continues to suffer memory loss and vision issues.

Judge Hayes said Mr Quaid cooperated with the gardaí but he did not remember the incident.
The judge acknowledged that Mr Quaid was candid with gardaí and the court about a previous charge of dangerous driving.
He had been convicted in the district court and on appeal to the circuit court a donation of €5,000 to the Court Poor Box was accepted and Mr Quaid was left without a conviction.

Mr Quaid is the youngest of three children from a farm in Co Wexford. He entered Kildalton Agricultural College in 2021. A medical report to the court said Mr Quaid suffers from post traumatic stress disorder.
A probation report to the court said Mr Quaid was at low risk of reoffending. His behaviour on the day showed poor decision making and a lack of thinking about consequences. He has demonstrated genuine remorse for his actions and understands his behaviour has caused devastation.

Judge Hayes said he had received testimonials to Mr Quaid’s good character from his parish priest and former school principal.
Hugely excessive speed had caused a young man on the cusp of adulthood to lose his life, and another young man to be seriously injured, the judge said. Youth and inexperience is a potent mix behind the wheel, he added.

The evidence showed Mr Quaid was highly reckless towards his passengers and other road users that day, Judge Hayes said. The long time period of excessive speeding was an aggravating factor in the case.
Judge Hayes noted that Mr Quaid had not taken alcohol or any intoxicant, that his car was roadworthy, he was insured and was not using his phone.

Aggravating factors included Mr Quaid ignoring entreaties to stop speeding, the extent of the injuries to Mr Commane and the impact on the family of Mr Mooney.

Mitigation included the early guilty plea and Mr Quaid’s remorse. The judge accepted that when he set out that day Mr Quaid did not intend it to end the way it did.
It had been caused by recklessness and was a warning of the catastrophic consequences of speed, the judge said.

“It is a tragedy his previous charge did not give him pause for thought,” Judge Hayes said of Mr Quaid. The defendant did not have a previous conviction but his moral culpability was relatively high, the judge added.

On the charge of dangerous driving causing death and serious injury a jail sentence of four years and six months was imposed, with the final 18 months to be suspended on condition Mr Quaid enter a bond to keep the peace. He will also be subject to 12 months supervision by the Probation Service on his release.
The sentence was backdated to July, when he first entered custody. Mr Quaid was disqualified from driving for eight years. The five charges of dangerous driving were taken into account.