Daniel McCafferty. Pic by North West News Pix
Tragic Emmett McClelland was knocked down and killed at Bonamine, Bridgend, just before midnight on March 10, 2018.
The 19-year-old Derry teenager had been socialising at Harry’s Bar in Bridgend following the baptism of his six-week-old son who had been named after him.
He was struck by a car being driven by a friend of his, Daniel McCafferty, who had driven across the border from Derry to get diesel for his car.
McCafferty, 39, appeared before Letterkenny Circuit Court where he had pleaded guilty to a charge of careless driving causing the death of Mr McClelland.
Mr McCafferty was over twice the legal limit after taking cocaine which was still in his system, the court was told.
Detective Garda Jason Conroy outlined the tragic events of the night which happened just 450 yards from the border.
He told how Mr McClelland and his brother had been walking home to Derry after the celebrations and that they were hugging and laughing.
However, Mr McClelland continued to walk out on the road and was being pulled back by his brother.
Just moments later he was struck by a Vauxhall Omega car being driven by Daniel McCafferty.
Evidence was given by Detective Conroy that the accident occurred on a straight stretch of road governed by a 100kph speed limit but there had been no evidence of excessive speed.
McCafferty told Gardai that he initially thought the men were trying to flag him down and braked hard but hit Mr McClelland.
The court was told that Mr McClelland was wearing a dark shirt, that he was not wearing a hi-viz jacket and that a street-light in the area where the incident occurred was not working.
All these factors could have contributed to Mr McClelland’s death, the court was told.
The driver of the car was taken to Buncrana Garda Station where the court was told he was in shock and very concerned for the man he had hit as he was friends with the victim.
A blood test taken from the driver later showed that he was over twice the legal limit for driving with cocaine in his system.
The accused had said that he had not taken cocaine in the hours before the tragic incident.
Mr McClelland, from Shantallow in Derry, was rushed to Altnagelvin Hospital in Derry but the father-of-two died a short time later.
Victim impact statements were read out in court on behalf of Mr McClelland’s partner Jade and his mum Catherine McClelland.
His mother described that the day her youngest child was born was the happiest moment of her life and that Emmett always had a smile on his face and was loved by everyone.
When his father had passed away some 17 months before Emmet’s tragic passing, he had looked after his mother and that he was always the life and soul of the party.
She added that she still has no answers as to what happened on the night and that she is still numb seven years later.
“Nothing will ever lessen the hurt and pain and the overall grief I will have to endure for every day,” she added.
Mr McClelland’s partner Jade said the emotional scars she and her family have suffered are much more painful than anyone can imagine.
She spoke of the loneliness, sadness and anger she feels and that it pains her everyday to know that their son Emmett will never get to know his father.
She added that what should have been a happy day “turned into a nightmare” and that the emotional toll of losing Emmett is immeasurable.
She concluded by saying that she felt every day is filled with anger over the recklessness that something so preventable “could have taken the love of my life away from us.”
The court heard how the accused suffers from severe psychiatric issues following the death of his son and the death of Mr McClelland and has spent time in hospital being treated for this as a result.
Detective Conroy said that McCafferty has a number of previous convictions both in this jurisdiction and in Northern Ireland for a range of offences.
These include charges of burglary, criminal damage, public order, eight counts of having no insurance, six counts of driving while disqualified, seven counts of dangerous driving, failing to stop, driving while intoxicated and breach of community service.
Judge John Aylmer asked Detective Conroy if McCafferty was insured during this incident and he replied that although there was some doubt over this, the insurance company said he was covered.
Barrister for McCafferty, of McGowan Park in Derry, Mr Colm Smyth SC, said this was a very tragic situation, that his client had known the late Mr McClelland and that he was heavily distressed at the scene at what had happened.
A psychiatric assessment by Mr Colin O’Donnell had said that McCafferty was suffering from Post Traumatic Stress Disorder and was being treated for this.
Mr Smyth said his client had asked him to express his sorry and also his enduring sadness at what had happened, adding that McCafferty becomes emotional and begins crying when talking about the incident.
He added that his client accepted there was cocaine in his system saying he might have been able to avoid the accident if this was not the case.
He referred to his previous convictions saying “it is not great” but suggested the majority of them were somewhat historic.
Judge Aylmer said there were many aggravating features but that he would have to balance all he had heard including the complex history of the accused.
He added that in fairness to everyone concerned he would give it all due consideration adding “these are difficult cases.”
He adjourned the case until next week for final sentencing.
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