A MAN WHO who knocked down and killed a loving father walking home after celebrating the christening of his six-week-old son has been jailed for 18 months.

Daniel McCafferty was on cocaine when he struck Emmett McClelland at Bonamine, Bridgend, Co Donegal just before midnight on March 10th, 2018.

Emmett McClelland, aged 28, had been socialising at Harry’s Bar in Bridgend following the baptism of his six-week-old son who had been named after him.

He was struck by a car being driven by a friend of his, Daniel McCafferty, who had driven across the border from Derry to get diesel for his car.

McCafferty – aged 39 and from McGowan Park in Derry – appeared before Letterkenny Circuit Court where he had pleaded guilty to a charge of careless driving causing the death of Emmett McClelland.

Judge John Aylmer said there were several aggravating factors in the case, including the death of Emmett 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 Emmett 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 Emmett McClelland’s family heckled the accused man.

Detective Garda Jason Conroy had previously outlined the tragic events of the night which happened just 450 yards from the border.

He told how Emmett McClelland and his brother had been walking home to Derry after the celebrations and that they were hugging and laughing.

However, Emmett 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 Daniel 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 Emmett McClelland.

The court was told that Emmett McClelland was wearing a dark shirt, that he was not wearing a hi-viz jacket and that a street-light in the area where the incident occurred was not working.

All these factors could have contributed to Emmett McClelland’s death, the court was told.

However, Detective Conroy added that Emmett McClleand was wearing a light-coloured shirt on the night of the tragedy.

The driver of the car was taken to Buncrana Garda Station where the court was told he was in shock and very concerned for the man he had hit as he was friends with the victim.

A blood test taken from the driver later showed that he was over twice the legal limit for driving with cocaine in his system.

The accused had said that he had not taken cocaine in the hours before the tragic incident.

The deceased, 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 Emmett McClelland’s partner Jade and his mother 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.

Emmett 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.”

The court heard how the accused suffers from severe psychiatric issues following the death of his son and the death of Emmett McClelland and has spent time in hospital being treated for this as a result.

Detective Conroy said that McCafferty has a number of previous convictions both in this jurisdiction and in Northern Ireland for a range of offences.

These include charges of burglary, criminal damage, public order, eight counts of having no insurance, six counts of driving while disqualified, seven counts of dangerous driving, failing to stop, driving while intoxicated and breach of community service.

Judge John Aylmer asked Detective Conroy if McCafferty was insured during this incident and he replied that although there was some doubt over this, the insurance company said he was covered.

Barrister for McCafferty, senior counsel Colm Smyth, said this was a very tragic situation, that his client had known the late Emmett McClelland and that he was heavily distressed at the scene at what had happened.

A psychiatric assessment by Colin O’Donnell had said that McCafferty was suffering from Post Traumatic Stress Disorder and was being treated for this.

Smyth said his client had asked him to express his sorry and also his enduring sadness at what had happened, adding that McCafferty becomes emotional and begins crying when talking about the incident.

He added that his client accepted there was cocaine in his system saying he might have been able to avoid the accident if this was not the case.

He referred to his previous convictions saying “it is not great” but suggested the majority of them were somewhat historic.

Judge Aylmer said there were many aggravating features but that he would have to balance all he had heard including the complex history of the accused.

He added that in fairness to everyone concerned he would give it all due consideration adding “these are difficult cases.”

As well as jailing McCafferty for 18 months, Judge Aylmer banned him from driving for six years.