Man jailed for causing death of father walking from son’s Christening in Bridgend

A man who caused the death of a man who was walking from his son’s Christening in Bridgend has been jailed for 18 months.

Daniel McCafferty was twice the legal drug-driving limit when he knocked down and killed Emmett McClelland just before midnight on March 10, 2018.

McCafferty, a 39-year-old who pleaded guilty to careless driving causing the death of Mr McClelland, was also disqualified from driving for six years.

At Letterkenny Circuit Court, Judge John Aylmer said there were several aggravating factors in the case, including the death of Mr McClelland, which he said was “a very aggravating feature”.

McCafferty has three previous convictions in Northern Ireland for driving while intoxicated and he had 100mg of cocaine in his system, which is twice the legal limit, on the night in question.

Since this incident, McCafferty was convicted of drug-driving in June 2021.

“You are very fortunate that you are not before the court for dangerous driving,” Judge Aylmer told McCafferty. “This is very much at the higher end of the scale for such offending.”

Before considering the mitigation, Judge Aylmer said a starting point for sentencing was two years imprisonment.  

McCafferty tendered a guilty plea, he was fully cooperative on the night of the incident and made full admissions.

“Albeit he suggested that he had taken drugs a number of days earlier whereas, in fact, the evidence established that cocaine was consumed in the previous 24 hours,” Judge Aylmer said.

McCafferty, the Judge added, was very remorseful in circumstances where he caused the death of someone who could be described as a good acquaintance if not a friend. 

McCafferty has suffered from post traumatic stress disorder following this incident and after the death of his own infant son - something that “weighed very heavily” on the accused, the Judge remarked.

McCafferty had taken drugs from his teenage years and there were no further aggravating factors such as speed or a defective vehicle.

Judge Aylmer said it could not be ignored that the unfortunate Mr McClelland, who was in his 20s, was not wearing high-vis clothing at night and it was unfortunate that a lamp above him was not functioning properly at the time.

“The reality is the consumption of cocaine most likely impaired your driving to an extent where you were not able to deal with the situation,” Judge Aylmer told McCafferty, who stood in the dock as his sentence was handed down.

Judge Aylmer said he would reduce the sentence to one of 18 months, but it was “too serious” to suspend any portion.

While the court heard that McCafferty has not been driving since this incident, to mark the gravity of the matter, Judge Aylmer said a six-year disqualification was also appropriate.

As McCafferty was led away by prison guards, a member of Mr McClelland’s family heckled the accused man.

On the night of March 10, 2018 Mr McClelland was socialising at Harry's Bar in Bridgend following the baptism of his six-week-old son who had been named after him.

At Bonamine, Bridgend, he was struck by a car being driven by McCafferty, who had driven across the border from Derry to get diesel for his car.

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 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 accused had told gardai 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."

Barrister for McCafferty, Mr Colm Smyth SC, said his client had asked him to express his sorrow and also his enduring sadness at what had happened, 

Mr Smyth said that McCafferty becomes emotional and begins crying when talking about the incident. He told the court that McCafferty accepted there was cocaine in his system saying he might have been able to avoid the accident if this was not the case.