Judge rules that fatal crash case is 'too serious to be dealt with in the District Court'

A District Court judge has refused jurisdiction in the case of a Greencastle woman accused of careless driving causing the death of a young Buncrana man.

Lynda O’Doherty, of 3 The Links, Greencastle, is also charged with drink driving in relation to the fatal collision, which claimed the life of pedestrian Jimmy McKenna (25) during the early hours of Sunday, June 9, 2024.

After hearing an outline of the facts of the incident, Judge Emile Daly said the case was “too serious” to be heard at the District Court, and she refused jurisdiction. The matter will now be dealt with at the Circuit Court, where the penalties are more severe.

The 67-year-old defendant, Mrs O’Doherty, stood with her head bowed at the back of the courtroom as the judge wasted no time in delivering her ruling.

Parents, Michelle and James McKenna, were also present at the Carndonagh District Court sitting in Buncrana to represent their son (pictured below).

Sergeant Conor Mulkerns outlined the facts of the case for the judge, including how Mrs O’Doherty was charged with one count of careless driving causing death and one count of drink driving.

At approximately 1.30am on June 9, 2024, a fatal road traffic collision occurred at Ballynally, Moville.

At that time, Mr McKenna was walking home from Carrick Field towards Moville town with a friend, when he was struck and fatally injured by a vehicle, which had been travelling in the opposite direction towards Greencastle.

Sgt Mulkerns said the incident was witnessed by two Garda members, while the driver of the vehicle was Lynda O’Doherty, who was breath-tested at the scene and arrested on suspicion of drink driving, with a blood sample subsequently provided.

Sgt Mulkerns told the judge that the Director of Public Prosecutions had consented to summary disposal [at the District Court] on a signed plea of guilty only.

However, Judge Daly immediately refused jurisdiction: “These events are too serious to be dealt with in the District Court,” she said.

The case will now go back to the DPP for further directions, and it was adjourned until January 20 next.

Defence solicitor Patsy Gallagher asked that his client be excused on the next occasion, and Sgt Mulkerns said the guards had “no issue with that”.

Meanwhile, Buncrana solicitor Ciaran MacLochlainn maintains a ‘watching brief’ for the McKenna family in court.

READ NEXT: Newtown landscape gardener fined €250 for driving without insurance