2021-12-14 · Louth
Family of killed teen challenge decision to refer alleged driver to youth programme
The family of Barry Griffin Junior, who died in a 2020 road collision, has brought a High Court action to challenge the Garda's decision to refer the driver of the Mercedes involved in the crash to the Garda Youth Diversion Programme. The incident involved two cars racing each other; the VW Passat driven by 19‑year‑old Brogan Kelly lost control and collided with the Mercedes, killing 17‑year‑old Griffin. Kelly was prosecuted and sentenced to five years and six months' imprisonment, with 18 months suspended. The Griffin family argue that the decision to divert the Mercedes driver means he will not face criminal prosecution, a move they say was made without their consultation and is irrational and unlawful under the 2001 Children Act. They seek an order quashing the diversion decision and disclosure of the Garda's reasons. The case is set for a February hearing before Mr Justice Charles Meenan. Brogan Kelly pleaded guilty.