Kerry mother who lost son in accident pleads with court not to send driver to jail

In an emotionally charged victim impact statement, Maureen Gudgeon, whose son Thomas (Tom) Gudgeon was killed in a collision with another vehicle outside Kenmare, said she and her family do not want the other driver to suffer any further.

Melissa Staunch of Dromore Old, Blackwater, Killarney appeared at Tralee Circuit Court for sentencing on a charge of driving without due care and attention causing the death of Tom Gudgeon, 25, on October 12, 2022, next to an equestrian center in Dromcunnia, Kenmare. , on the road from Kenmare to Sneem.

“Tom’s death was a terrible accident and we as a family do not want Melissa Staunch to go to jail as we can see she is suffering greatly since the accident,” the grieving mother said through tears.

“We do not want to separate her from her family to impose a custodial sentence on her. We understand that the sentence will be decided by the court and we do not want to join in with anything more severe than what is decided here,” she added.

Her sentiments were echoed in the victim impact statement of her sister, Ellie, who said her words of loss “are in no way supposed to cause further pain or suffering to Melissa and her family.”

“I truly empathize with all of you and know that your lives have also changed forever. I wish that we all find some peace and healing in due time and I hope that, in time, you too can allow joy and happiness to return to your “Lives like that are what Tom would have wanted and it’s what you and all of us really deserve too,” he said.

Today’s news in 90 seconds – May 9, 2024

Defense barrister Brian McInerney SC said he was a little speechless after hearing the family’s victim impact statements, but said they were “heartening to human nature, kindness and charity” that the family could express these feelings. He said her client, Ms Staunch, “suffers every waking moment” because of the accident and was humbled by the attitude taken by her family towards her.

In evidence, the court heard Tom was a passenger in a car driven by his girlfriend Jenny O’ Driscoll. They had met a friend, Owen Lambe, earlier that day before having lunch and returning to Tom’s house in Templenoe. They then decided to go to Centra in Kenmare to get food and other supplies.

On the way back to Tom’s house, Jenny was driving and Owen was in front. Tom was a passenger in the back. Lambe told Gardaí that he noticed a black car about to pull out of a private driveway, but he assumed he would see them and not get out, but he did.

The right front of that vehicle came into contact with the rear passenger door of his vehicle, causing it to spin. Tom was ejected from the vehicle, suffered the most serious injuries and died at the scene. The court was told Jenny tried to maneuver but it was too late. Mr Gudgeon was not wearing a seat belt.

Attorney Tom Rice said Staunch failed to give way to the vehicle and exited onto the road when it was unsafe to do so.

The court was told there was a convex mirror on the road to help motorists have a view when exiting this private entrance at the riding centres, given the difficulty with visibility when exiting the stables.

O’Sullivan, who runs the stables, said in his statement to gardaí that he had installed the mirror to help drivers see approaching vehicles and had also raised concerns about the road with Kerry County Council. Rice said Staunch should have had a chance to see the car if he had used the mirror.

The Gudgeon family also expressed concern about the dangerous state of this stretch of road and said the accident was “preventable”. The road is a straight stretch with a hill and a dip, the court heard. The family said they wanted to draw the court’s attention to the site of the “horrendous accident”.

“This accident could have been prevented. That part of the road is notoriously dangerous and the exit from the premises which I pass every day, often several times a day, is not safe,” Maureen Gudgeon said in her statement.

The family also criticized the lack of medical assistance at the scene.

“Furthermore, once the accident occurred, no ambulance or air ambulance arrived at the scene. The firefighters arrived very quickly, which we greatly appreciate. Tom never had a chance without a trained doctor, paramedic or emergency room doctor to try to help him. Nobody came. They left him to die on the side of the road. “She deserved better,” he said.

Jenny O’Driscoll said she also believes medical assistance could have helped her boyfriend.

“The images of the scene of the day Tom died will never leave my mind. I will always feel that Tom would have been given many more opportunities if he had not spent an excruciating time getting the medical assistance he needed,” he said in his victim impact statement, read by Tom’s mother.

Both women spoke of Tom’s kindness, care and love for others, as did his sister Ellie, remembering her beloved son, brother and boyfriend. They said his entire family misses him very much.

“Tom really was that person in a million who was truly kind. He made friends wherever he went, he really liked people and it showed in everything he did… We love him so much, it’s still so amazing that he doesn’t walk through the door with his usual relaxed demeanor and big smile. ” Her mother said as she held back tears.

“We are devastated to be here on this earth without him and every day we feel his absence. It is a hole in our soul, our hearts are forever broken.

“As his mother, I will never stop missing him. He is in my thoughts every minute of every day since he died. He was such a good son. He was fun, funny, kind and passionate about justice.”

Tom’s sister Ellie also read her victim impact statement through tears, saying he was a wonderful brother and friend and that she is lost without him.

“Losing Tom has been completely devastating, I often feel like my life is falling apart, like I’m trapped in a dark room fighting for a way out, waiting for this to be a nightmare we all wake up from. There is nothing that can prepare a person for the immense pain of losing a loved one, especially a loved one like Tom.

“Not only have we lost Tom, each of us has lost a large part of ourselves, the trajectory of each of our lives has changed irreversibly for the worse. I miss Tom’s presence on Earth more than it is possible to describe “I look forward, I’m afraid to go on without him, but I have some hope that he is guiding us in some way,” she said.

His girlfriend, Jenny, said in her victim impact statement that Tom was “the gentlest soul,” adding: “He was kind, loving and compassionate.

“He never hesitated to lend a hand, no matter who or what the situation was. He always put others before himself. He was so smart and so passionate that he had such a bright future ahead of him. He brought so much happiness to so many people. , to me, to his family and to his extensive group of friends.”

McInerney said that in sentencing Melissa, the court must take into account all factors, including evidence from Mr O’Sullivan and his complaints to the council about the road and also statements from the family.

He said it was a momentary lapse and there was absolutely no aggravating circumstance. He said the state had admitted it was at the lower end of crime.

References were given to the court, including those from Templenoe Youth Club and Ms Staunch’s employer, SouthDoc. He said that, taking all factors into account, Ms Staunch should not receive a custodial sentence. “Nor does it follow that every conviction for reckless driving should lead to disqualification,” she added.

Judge Sinead Behan said she would need some time to consider the case and adjourned sentencing.