Road death accused faces trial in Ireland

Sep 19 2007 Liverpool Daily Post

A SUSPECTED drink driver, from Southport, accused of killing his brother in a Christmas road smash is to be extradited to Ireland where he will stand trial.

Passenger Martin McDonagh, 30, died in a crash allegedly caused by his 46-year-old brother, Thomas McDonagh, from Southport, in County Kerry, last December.

Father-of-three Thomas McDonagh had been drinking in a pub before taking the wheel of the green Citroen Xantia in which his brother, sister-in-law and wife were travelling.

After losing control near a sharp bend on the Kilgarvan to Killarney road in Dereenacullig, the car careered up the wrong side of the road, ploughed into a fence and overturned.

Martin McDonagh, of Lady’s Walk, Ballyduff, Co Kerry, was pronoun- ced dead following the accident at 11.35pm on December 17.

His older brother was questioned but fled to the UK before he could be charged.

McDonagh has lived in the UK for 26 years and was on a trip to Ireland when the crash took place.

He was arrested near his home in Southport on September 1, after a court in the Republic of Ireland issued an extradition warrant.

Rachel Barnes, for the Irish authorities, told City of Westmin- ster Magistrates’ Court in central London: “This is an accusation matter. His surrender is requested so that he can be prosecuted for the offence of dangerous driving causing death.”

‘Had the offence occurred in the UK the equivalent would be causing death by dangerous driving or causing death by careless driving while under the influence of drink.

‘It is conduct punishable under Irish law by imprisonment of 12 months up to a maximum of 10 years.’

Overweight and grey-haired McDonagh, who appeared dazed throughout the 20-minute hearing, had fought extradition on grounds he was suicidal.

James Kirby, defending, said: ‘He suffers from very poor mental health and has done for several years.

‘He is in a hospital unit and on suicide watch at HMP Leicester.’

The lawyer also said his state of mind was aggravated by the ‘deep animosity’ shown towards him by some family members since his brother’s death.

Mr Kirby added: ‘He is not in a very good condition to face trial in the Republic of Ireland.’

District Judge Anthony Evans dismissed the claims stating he had neither seen nor heard any medical evidence of this.

The judge said: ‘I don’t accept the submissions.

‘You will be ordered him to be remanded in custody to await extradition within the next 10 days.

Mr McDonagh was the 20th person to be killed in traffic accidents in Kerry, last year.

His four-year-old nephew, Bernie McDonagh, died when the car in which he was a passenger overturned on the Ballybunion to Ballyduff road, on July 30 last year.