Clonmany man charged with careless driving causing the death of much-loved pensioner

An Inishowen man has appeared in court charged in connection with a fatal crash that caused the death of a pedestrian last year.

Danny Hirrell, of Cloontagh, Clonmany, is charged with careless driving causing the death of Michael Toland in Clonmany.

Mr Toland, a much-loved father-of-three and grandad aged in his 80s, died at the scene after being struck by a van driven by Mr Hirrell (51) at Annaugh, Clonmany, in September 2024.

The case of Mr Hirrell came before Carndonagh District Court, where Judge Emile Daly refused jurisdiction because the maximum penalty is limited to twelve months imprisonment.

After hearing a summary of the facts, Judge Daly said it was a matter for “another court”, and it will now be heard before Letterkenny Circuit Court next year instead.

Garda Sergeant Conor Mulkerns outlined the evidence as it stands so far, after being pressed for information by the judge.

He said the case relates to a single-vehicle road traffic collision, which occurred at Annaugh, Clonmany on September 18, 2024.

“A pedestrian, Mr Michael Toland, was struck by a vehicle and unfortunately passed away from his injuries,” Sgt Mulkerns told the court.

“The circumstances of the investigation were that the driver, Mr Danny Hirrell, was driving a Ford Transit van and he was travelling from the direction of Ballyliffin towards Clonmany village.”

“At the time, Mr Toland was out for a walk, and it appears that he was attempting to cross the main road to return home.”

READ NEXT: Judge rules fatal crash case 'too serious to be dealt with in the District Court'

Sgt Mulkerns said the van was travelling along a straight road and the weather conditions were good on the day.

He further told the court: “From the investigation, it appears that the pedestrian was seen by the driver at late notice. Attempts were made to swerve around the pedestrian, but unfortunately, he was struck by the side of the van and passed away at the scene.”

Sergeant Mulkerns told the judge how the DPP’s directions in the case were for summary disposal at the District Court on one count of careless driving causing death, contrary to Section 52 of the Road Traffic Act.

After listening to the evidence, Judge Daly was told that the maximum sentencing power for the District Court in respect of the offence is twelve months in prison.

She then promptly refused jurisdiction in the case.

“Based on the facts, as outlined, the jurisdiction of this court being limited to twelve months, it’s a matter for another court to deal with – and not this court. I’m not prepared to accept jurisdiction,” Judge Daly ruled.

The case was adjourned until January 12 next for further directions from the DPP.

Mr Hirrell, who was in court for the proceedings, was represented by solicitor Patsy Gallagher on behalf of Mr Ciaran Haran, solicitor.