Friend jailed for causing Laois student's death

Friend jailed for causing Laois student's death

The late Adam Kirwan

A 22-year-old man has been jailed for dangerous driving causing the death of Laois student Adam Kirwan, during a night out with friends in March 2023.

Defendant Seán Fitzpatrick of Kilpurcell, Ballybrophy, Laois, drove for more than a kilometre with Adam on the driver's door frame before the tragedy, Nenagh Circuit Criminal Court heard today.

Adam was standing on the door frame, with one hand on the roof of the car and the other on the open driver's door. He died when the car hit a kerb after Fitzpatrick misjudged a corner, less than 50 metres from where they had planned to stay that night in Thurles.

A talented former Laois minor and under-20 hurler from Derrough, Mountrath, Adam suffered severe brain injuries when the car hit a kerb and ended up on a green area at College Green, Monakeeba, the estate where they were staying the night on 2 March 2023.

Both friends were studying to become teachers and were students at Mary Immaculate College in Thurles.

RTÉ reported this evening that Fitzpatrick admitted charges of dangerous driving causing death, driving with excess alcohol in his system and driving without insurance.

Both men had been on a night out with a third college friend when they decided to move Mr Kirwan's car from a carpark near the square in Thurles, in case the car was clamped before they retrieved it the following day.

They drank pints of beer and Jagerbombs as they watched a match in a local pub and later attended a house party.

Fitzpatrick drove the car, because he was the one who was less intoxicated. His alcohol reading was more than twice the drink driving limit.

Mr Kirwan clung onto the roof and the open driver's door of the car as he stood on the ledge of the driver's door for the 1.3km journey from the centre of Thurles to the house where they were staying.

The third young man, who sat in the back of the car, recorded parts of the journey on the camera on his mobile phone.

The footage was played in court at the sentencing hearing, along with CCTV footage gathered by investigating gardaí, under Sergeant Lorraine Bentley of Thurles Garda Station.

During her victim impact statement, Adam’s heartbroken sister Marie said that Fitzpatrick's letter of apology to her family, which was received two weeks before the court date, was "unremorseful".

She said: "I do not accept it ... I have, for the last two years, seen you get on with your life like my brother didn't matter. Well, my brother matters today, yesterday and for the rest of my time in this world. I will never accept your apology for taking my brother's life.” 

Marie also read out a statement on behalf of her mother Lourda, who said that the person responsible "has to answer for his actions", but there is "no punishment that would serve as justice for my son's life".

She said: "Adam's life was precious, he was adored by all his family and friends. His death has left a void in our lives that will never be filled. You will be remembered forever, Adam, our beloved son.”

Judge Catherine Staines said Mr Kirwan's death was what resulted when people mixed drinking with dangerous driving. She said it was highly reckless.

She acknowledged significant mitigating factors in the case, including that Fitzpatrick had no previous convictions and that he had abandoned his teacher training studies, but said she had to mark the devastating consequences of what had happened.

She sentenced Fitzpatrick to three years in jail, with the final 18 months suspended.

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