Courts / Mayo / Report

Woman left paralysed speaks of relief after driver fails in bid to restore license

Date
2022-02-11
Stage
Appeal
Primary locality
Ballina
County
Mayo

Summary

The Court of Appeal has rejected Martin Kearney's bid to have his driving licence restored, upholding a previous decision by Judge Francis Comerford at Sligo Circuit Criminal Court. Kearney, of Castlefield Manor, Ballina, Co Mayo, was jailed for four years in 2012 by Judge Anthony Hunt after admitting dangerous driving causing serious harm to passenger Lydia Branley. He was initially banned from the roads for 20 years, a sentence reduced to 12 years on appeal in December 2014. Kearney's barrister, Liam Dockery BL, argued before the Court of Appeal that Judge Comerford erred in law under Section 29(1) of the Road Traffic Act 1961, claiming the ban was purely punitive. However, Mr Justice John Edwards ruled that the application must be rejected. The incident occurred in September 2010 when Kearney lost control of his BMW at 150 km/h near Ballisodare, leaving Branley, then 25, paralysed. She spent nine months in a coma and remains unable to eat or talk without assistance. Ms Branley attended the proceedings in person, expressing relief at the outcome. Her representatives noted that Kearney had already been banned and should not have been driving that night. The court's decision effectively maintains the 12-year driving ban, denying Kearney's request to restore his licence.

Who, what, where, when and why

What: Report matter: Woman left paralysed speaks of relief after driver fails in bid to restore license. Procedural stage: appeal

When:

Case subjects

Lydia Branley

Defendant

Outcome: Kearney (40) of Castlefield Manor, Ballina, Co Mayo was later jailed for four years in 2012 by Judge Anthony Hunt at Sligo Circuit Court after admitting dangerous driving causing serious harm to Ms Branley, who was 25 at the time of the accident.

Places mentioned

Journey Or Route
Residence
Court Venue
  • Sligo
  • Sligo Circuit Court
  • Sligo Circuit Criminal Court
  • Court of Appeal

Topics

Road Traffic Stage Appeal

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