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Carn woman walks free from court 29.07.08

A YOUNG Carndonagh woman walked free from court yesterday after a judge found that the fatal crash she caused more than three years ago was not the result of 'girl-racing'.
Louise Cantwell, 24, a beautician from Gortlarry, Carndonagh, was found guilty by a jury in May of dangerous driving causing the deaths of her two friends, Alice Mullan, 20 and Kelly Doherty, also 20, in an accident at Ballyargus, Redcastle, shortly after 3.30am on March 19, 2005.
During sentencing yesterday at Letterkenny Circuit Criminal Court, Ms. Cantwell received a three year suspended prison sentence and was disqualified from driving for five years.
The court heard that all three friends were travelling home to Carndonagh in the defendant’s car from a nightclub in Redcastle when the collision occurred. In a poignant twist of fate, the friends had started their evening at a benefit in memory of another friend, Shane Toye, 19, also from Carndonagh, who died in a crash almost exactly a A memorial marks the spot of the 2005 crash.
year before.
The court was told yesterday how Ms. Cantwell's white Corsa was coming around a sweeping right-hand bend when it crossed the continuous white line. It ended up in the wrong carriageway and struck an oncoming car driven by another young woman, Rhona Moran, who was travelling home to Moville, Co Donegal from her work in Derry. The defendant's car was also struck by a blue Citroen Saxo driven by another friend Patricia Logue. The Saxo was also carrying four of the group's male friends and was driving behind the Corsa after the defendant overtook it shortly after both cars left the nightclub car park.
The hearing yesterday heard how the defendant's car spun around on the road and ended up on top of a barrel filled with gravel that was on the hard shoulder as part of roadworks. Alice Mullan, who was a back-seat passenger, died at the scene while Kelly Doherty, who was in the front, later died at Altnagelvin Hospital in Derry. The defendant was also taken to the Derry hospital having sustained a broken right leg, broken left arm and fractured pelvis. Ms. Moran’s car ended up in the ditch on her correct side while nobody in the Saxo was seriously hurt.
Victim impact statements from the families of the deceased, both of whom worked as civil servants in Dublin, were read out in court yesterday.
The families said their pain had been deepened because Ms. Cantwell had shown no remorse and had not apologised for the accident.
Ms Doherty's family said their "world fell apart" when she died in the accident. She was "someone special who always put others first". The court heard how Kelly had texted her mother just before the accident to say she had had a great night and would be home soon. The Mullan family statement described how Alice "filled the house with fun and laughter" when she came home from Dublin at weekends.
Defence counsel Bernard Madden S.C., described the "personal hell" his client was going through and said the risk of her re-offending was practically non-existent.
In his summing up, Judge Martin Nolan said he could find no aggravating factors such as "excessive speed, boy-racing or girl-racing" in the evidence that would justify a custodial sentence for the defendant, who had no previous convictions.
He said he could only conclude what caused the accident was "inattention" that caused the defendant to career into the wrong carriageway. “Inattention is a human frailty that can affect us all and can have devastating consequences,” he said.
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