Seven and a half years for killing pedestrian

A getaway driver who lost control of a defective car following a robbery and mounted a footpath killing one woman and seriously injuring another has been jailed for seven and a half years.

Darren Rowe (35) was tracked on CCTV after fleeing the scene without helping the women and was heard saying to his co-accused, “Eddie, what am I after doing”?

The men were later seen in a pub drinking a pint and sitting with their heads in their hands.

Rowe, of Dunedin Terrace, Monkstown, Dublin pleaded guilty to dangerous driving causing the death of Jacqueline McGovern and failing to report being the driver of a vehicle involved in the occurrence of injury to Audrey Behan at Avondale Road, Killiney on March 10. 2020.

He also pleaded guilty to having no insurance and driving a dangerous defective vehicle.

Rowe, who has 32 previous convictions, was also disqualified from driving at the time.

A co-accused Edward Andrews (26) of Belarmine Hall, Stepaside received a 39 month sentence in October.

Brendan McGovern, husband of Jacqueline, noted in his victim impact statement that the driver had not stopped to help in any way. “That callous and inhumane act troubles me deeply,” he said.

He told Dublin Circuit Criminal Court that the family would never be the same again and the loss would impact him every day for the rest of his life. He thanked the gardai and emergency services.

Ms Behan outlined to the court her heartbreak at the loss of her best friend whose smile she said would “light up the darkest of rooms.” She said the violent and reckless way Jacqueline was taken that day while they were out walking would haunt her for the rest of her life.

Ms Behan said she still suffers physical and psychological effects from her injuries.

Judge Martin Nolan noted the contents of other victim impact statements also handed in to court from other family members.

He said dangerous driving causing death was a very elastic offence ranging from no culpability to very serious cases.

He said in this case there were aggravating circumstances such as the fact Rowe was driving at reckless speed and lost control, that he was trying to escape and was driving a defective vehicle.

He also noted there was evidence that Rowe had been drinking prior to the offence. He said the court did not know how much but it was relevant.

In mitigation he took into account Rowe's remorse, work history, insight into his wrongdoing and that he is capable of reform.

Judge Nolan imposed a sentence of seven and a half years imprisonment.

 Detective Garda Brian Davern told Gerardine Small BL, prosecuting, that Mr James O'Shea (79) and other staff members had been working at Centra, Barnhill in Dalkey when two men in balaclavas, neither of whom were Rowe, robbed money from the tills taking €808 in total.

The two men ran from the store and got into a car outside. Mr O'Shea said he believed the driver was already inside and it took off immediately towards Killiney Towers.

A witness described how the car overtook her at high speed dangerously and driving on the wrong side of the road close to Avondale Road.

She came upon Avondale Road and saw two women, one of whom, Ms Behan, was screaming for help and another lying on the road, behind the car that had just overtaken her at speed.

Emergency services were alerted and assistance was given to the two women by passers-by. The occupants of the car were not present.

Ms Behan later told gardai that she and her best friend, Ms McGovern, would frequently walk together and that night were on the footpath on their normal walk when they heard  a car driving very fast. She said they turned to see the noise and the car was on top of them with no time to react.

She said Ms McGovern called to her before she took the full impact of the collision. Ms Behan was also struck but stayed conscious and saw her friend lying on the ground across the road.

She saw the car that hit them in the middle of the road, heard doors slamming and saw a male running. She said other cars stopped and people began to assist them.

Ms Behan was taken to hospital and treated for significant bruising as well as receiving three staples to her head. Ms McGovern received treatment at the scene but was later pronounced dead.

Gda Davern told Judge Nolan that the car had been travelling at speed when it struck a speed ramp and elevated, it then turned anticlockwise, struck the kerb before mounting the pavement and striking the two ladies.

He said the wheel-marks on the road suggested the wheels were locked from the speed ramp.

He said the tyres were in very poor condition, with the rear tyres having a depth below the legal limit and one tyre with the canvas showing. The brake pads on the rear passenger side were down to the metal and not serviceable. The braking pressure was very low and the shock absorbers very soft.

He said the braking efficiency was very poor and the shock absorbers would have a negative effect on the handling of the vehicle.

Gardai traced the movements of Rowe before the robbery. Earlier that evening he was seen drinking in a bar in Dun Laoghaire in the company of Edward Andrews before joining a third man at a bar in Ballybrack. All three men then get into the car.

Gda Davern said there was visual and audio footage of Rowe a couple of minutes after the impact about 500 meters away. Rowe can be heard saying, “Eddie, what am I after doing?”

The men were then tracked by CCTV through Sallynoggin to a pub where they can be seen having a pint and sitting with their head in their hands.

Garda Davern said on March 18th gardai saw Rowe in the Monkstown area, he took off running when he saw gardai and attempted to get on a bus but was arrested.

Gardai had forensic evidence linking Rowe to the car but he denied all involvement.

Michael O'Higgins SC, defending, put it to Gda Davern that the locking of the wheels was consistent with breaking. Gda Davern said he imagined so.

Gda Davern agreed with Mr O'Higgins the vehicle was out of control.

Mr O'Higgins outlined a letter of apology written by Rowe who he said wanted people to know he was deeply sorry for his actions and the regret of getting into the car would stay with him for the rest of his life. He said Rowe had left the scene as he was in shock.

He said there had been no malice or calculation involved and this was an accident with an unintended result where several risks were taken that should not have happened.

He said Rowe had lost his own mother to cancer, left school young but had a history of working on building sites. He asked the court to take into account his guilty plea and extend as much leniency as possible.