Courts accused of failing “road violence” victims as ex-GAA star, already banned from driving, ran over woman only serves 9 of 21-month term

— Campaigners say Courts have “yet again” failed victims.

A former Donegal GAA star, Kevin McMenamin, who was driving a truck while disqualified, ran a red light, did not indicate and then drove over a woman in her late 60s who was cycling, was moved to an open prison less than two months after his imprisonment and was released just nine months into his 21-month term.

It was headline news last year — including “Truck driver who crashed into cyclist jailed for 21 months” — but Court reports published on thejournal.ie and in a number of newspapers outlined how McMenamin did not serve much of the sentence after he pleaded guilty at Dublin Circuit Criminal Court to dangerous driving causing serious bodily harm at the junction of Herbert Park Road and Morehampton Road in Ballsbridge, Dublin 4 on July 22th, 2021.

The case was in the news this week after the three-judge Court of Appeal rejected the contention from the Director of Public Prosecutions that the sentence, originally handed down by Judge Martin Nolan, was too lenient. The maximum sentence is 10 years.

Responding to the Court of Appeal decision, I Bike Dublin, a campaign group, said: “Yet again, the courts are failing the victims of road violence. This sentence is an insult to the victim and means that a serial offender will be back on the road in just a few short years.”

The injured woman spent nearly five months in hospital. Her injuries included a broken pelvis and severe leg trauma, and she had to be put into a medically induced coma due to the extent of her injuries.

Despite running over a woman while he was driving while banned, the driving ban imposed was just one year above the mandatory minimum disqualification of four years for an offence of this type.

Previous court reporting covering the District Court case included that “witnesses described seeing the truck accelerating quickly and driving at an inappropriate speed along Herbert Park Road, before making a sudden left turn down Morehampton Road just after the lights turned red.”

It was reported this week that at the Court of Appeal, Justice Tara Burns said the sentence handed down by Judge Nolan “adequately reflected” the details of the case.

Justice Burns said mitigating factors included an early guilty plea, genuine expression of remorse, a long work history and good character references. She said that McMenamin’s driving was dangerous but did not include aggravating features of speed, intoxication or the use of a mobile phone.

McMenamin — who was banned from driving at the time of the collision — worked as a driver.

Character references were provided outlining his athletic prowess, including representing his county for three years in the National League, and from family members describing him as a man of good character. At the time of the case, he had 33 previous convictions, including for drink driving and driving without insurance, and, since then, he has also been convicted for possession of cocaine.