A driver who sped around a Donegal village with a man on the roof of his car and another on the bonnet has appeared in court after one of the men was left with a serious brain injury.
Adam McCarron appeared before Letterkenny Circuit Court where he pleaded guilty to dangerous driving causing serious bodily harm and also two counts of endangerment.
The court heard that one of the accused man’s best friends, Stephen Kelly, almost died as a result of the incident.
Mr Kelly suffered a serious brain injury and spent 10 weeks at the National Rehabilitation Centre in Dublin after McCaron braked suddenly sending the victim crashing to the ground.
His head injuries were so severe that a medical report said there was “a risk to life due to high intracranial pressure.”
The court heard that McCarron had not been drinking on the night of the shocking incident at Main Street, Clonmany, on September 13, 2021.
CCTV footage played in court showed both Stephen Kelly and another man, Declan McLaughlin coming out of a local pub in the Inishowen village.
Mr Kelly spread himself onto the bonnet of the car and Mr McLaughlin spread himself “star shape” on the roof of the black Vauxhall Astra car before McCarron drove off.
Video footage was also shown from behind the car which was taken by a friend in another car showing the terrifying moment that Mr Kelly flies off the bonnet of the car and then lies motionless in the road.
Mr Kelly told the court that neither he nor Mr McLaughlin hold the accused responsible for what happened, that they did not want to see him go to prison and that all three remain best friends.
However, evidence was also given in the case that following the accident McCarron had been found guilty of dangerous driving and drink driving after another incident in February, 2023 and had received a three year disqualification.
Judge John Aylmer said that it was this aspect of the case that was worrying him.
He said that he would have considered dealing with the case by way of a non-custodial sentence but that this aspect of the case was leading him to reconsider this.
He said he would like Barrister for the accused, Mr Colm Smyth SC, to discover if there is any mitigation for McCarron’s subsequent conviction for dangerous and drink driving and for him to be able to explore this.
In this way, he could “hold my hand” and to see if there is a less serious element.
He said “There are too many cases of dangerous driving causing serious bodily harm and death that come before the courts in this county.
“I don’t want to send out the message to the youth of Donegal that I don’t take this type of activity seriously.
“I am concerned about dealing with it in a non-custodial way on that basis. I will give you an opportunity to see if anything alters my thinking.”
The details leading up to the shocking incident were outlined to Ms Fiona Crawford BL, prosecuting by Garda Michael Rafferty who was stationed at Buncrana Garda Station at the time.
He told how local woman Ms Yvonne Farrell had been told by her husband that a man was outside their home lying dead on the road.
She called 999 and had told the emergency services about the accident saying both McCarron and Declan McLaughlin were in shock.
Garda Rafferty told how Mr Kelly, 22, was in the recovery position but had tried to get up but was disorientated and there was a wound to his head.
Garda Kelly spoke to McCarron who was shaken and he made full admissions as to what had happened.
A intoxilyzer test on the accused on the night came back negative showing he had no alcohol in his system.
A report on Mr Kelly’s recovery showed that he had spent time in Letterkenny University Hospital before being transferred to Dublin’s Beaumont Hospital for specialist head trauma treatment and then returning to the National Rehabilitation Centre in Dublin.
After the incident Mr Kelly suffered intracranial pressure which had spiked and which had to be monitored and treated.
Mr Kelly took to the witness stand and said that he had made a good recovery.
He added that he did not hold what happened to him against his friend and that neither he nor Mr McLaughlin wished McCarron to go to jail.
The court was also told that neither Mr Kelly or Mr McLaughlin wanted to make victim impact statements.
McCarron, of Magherard, Carndonagh, took to the witness stand and told the court that what he did was not only careless but also dangerous and stupid and admitted that he was “showing off.”
He added that he never blamed either of his friends for jumping on the car and that he accepted “full responsibility” for what happened on the night.
“My biggest regret is what happened that night,” adding that he couldn’t go back to work for ages as he was worried for his injured friend.
The court was also told that McCarron has since undertaken the Pro Social Drivers Course to give him a better insight of the dangers of the road.
Barrister for the accused, Mr Colm Smyth, SC, instructed by solicitor Mr Ciaran Mac Lochlainn, said his client has accepted that what he did on the night was ‘stupid, careless and dangerous.’
He said his client had no previous convictions before this incident saying the incident has weighed heavily on his client since and that he has shown remorse after the incident.
Judge Aylmer referred back to the issue of the subsequent conviction saying he would like the Probation Services to update their report with reference to the subsequent convictions.
He adjourned the case until June 11th but said he was conscious that the defence may not be ready.