Debs crash victim's parents devastated at DPP Anthony McGinn decision
The parents of debs crash victim Kiea McCann are heartbroken after being told that the Director of Public Prosecutions (DPP) has decided not to appeal the leniency of the sentence of driver Anthony McGinn.
Tragic teenager Kiea (17) died in a horrific crash along with her best friend Dlava Mohamed (16) as driver Anthony McGinn, who was bringing them to their debs ball, ignored their pleas to slow down and struck a tree at Legnakelly, Co Monaghan on July 31, 2023.
The Irish Mirror can also reveal the face of another driver, Alin Sorin Gatea (46), who this week was handed down a suspended sentence for speeding in a car that a court heard was driven behind Mr McGinn on that tragic day.
Speaking exclusively to The Irish Mirror, a devastated Frankie McCann said he now feels let down by the justice system, after the DPP decided not to heed his calls for McGinn's seven year sentence to be appealed.
'I believe the justice system is full of crap. I feel there is no justice for any family now,' he said.
'We asked them to appeal the sentence and they didn't listen to us. It's us that's serving the sentence here, not them.'
This paper understands that the DPP has decided not to appeal the sentence handed down to McGinn, and that a letter is set to be sent to both the family of Kiea McCann and Dlava Mohamed, formally informing them of that decision.
On Monday Mr Gatea, who pleaded guilty to a charge of dangerous driving, received a fully suspended sentence after a court heard he was driving at a minimum speed of 145km/h and a maximum speed of 151km/h on the N54 between a service station and the New Line junction on the day of the crash.
Dash cam footage was played to the court which showed the Romanian national's BMW travelling at speed prior to the horrific crash in front of him.
Defence solicitor Catherine Taafe had told the court there had been 'no joint enterprise' or suggestion that her client had been acting in concert with the car being driven by McGinn.
On Monday the court heard family members of Kiea McCann express that the cars were racing - prompting a question by presiding Judge Raymond Finnegan to the prosecution as to whether that was the case.
Asked by the judge if the McCann family believed the drivers were racing, Garda Inspector Ann-Marie Lardner replied in court: 'yes they do'.
The Garda Inspector said in response that a file with recommendations had been sent to the DPP and 'all of the recommendations made did not form charges that came back.'
It was emphasised in court by the Defence and accepted by the prosecution that the case against Gatea was being taken solely in relation to his own driving - and was not being linked to the tragic crash.
The court heard on Monday that Gatea was transporting his own son to his debs with his debs ball partner. A four-year driving disqualification was also handed down to Gatea.
Frankie McCann says gardai were the ones to tell him of the DPP decision to not appeal Anthony McGinn's prison sentence.
'We were told by the guards because the DPP wouldn't even come back to us. They told us they weren't appealing and the Judge was fair in what he did. We sent a letter off and the whole lot on what we wanted to appeal it on.'
Mr McCann also spoke of his anger at learning that McGinn is now working in the kitchen of the Midlands Prison.
'He's after getting a job now in the kitchen. Sure he's getting the best of everything. It angered me. There's people there probably for three years in there looking for something to do and to get their mental state back to start living a normal life.
'We got no justice, plain and simple.'
McGinn (61) of Drumloo, Newbliss. Co Monaghan was jailed last month after a court heard he drove over 151km per hour in an 80km zone - and ignored the pleas of the terrified girls inside the car to slow down - before striking a tree at Legnakelly, Co Monaghan on July 31, 2023.
Speaking to us at the time, Frankie said he felt 'betrayed' by his one time friend McGinn, who he trusted with his daughter that day - and who he says he now feels should 'rot' behind bars.
'Betryal is not the word for it. For your child to turn around and basically beg for their life?
'Who's to say what happens if we ever do come face to face if he ever gets out. But if I hit him a slap in the face I get five to 10 years in prison. I would get more of a sentence for beating him and that is the truth.'
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Frankie, who says he believes McGinn should've faced a murder charge, says he does not know what he would do if he was face to face with him now.
'Justice to me would be to get him in the room for three minutes, the same time it took him to kill my child. I'd just love to get them in a room with him and I'd like to see him beg,' he said.
McGinn's sentencing hearing heard that he ignored the pleas of the terrified girls to slow down - thanks to the evidence of Oisin Clerkin - who survived the crash.
Speaking to us then, her mother Teresa said the evidence showed that McGinn knew he was endangering her child - and he should've therefore faced a more serious charge.
'He should've been charged with murder. They asked to get out of that car and he didn't acknowledge that they wanted to get out of that car. He didn't see the fear in their eyes,' she told us.
Frankie added: 'We know we let our child get into that car knowing he was trusted here at one stage to bring them and take them home safe. And to hear then in the court that they were asking him to slow down and everything else and not knowing. He could've slowed down. They were in no hurry to get there; they were just trying to enjoy their debs, one of the biggest nights of their lives.
'If the DPP had of been doing their jobs right and got them statements and read them, they should have had a different charge, a more serious charge. There's two children gone now just because someone was selfish.'
Speaking about the gross betrayal of trust, Frankie said he once had a great friendship of McGinn, who he can now never forgive.
'He was with me seven days a week. We would be on the bikes together and never went more than 40 miles per hour. I always trusted him. This is a man who you trusted. My child was to go there and have the night of her life. Not to go there and be scared out of her life and have the last seconds maybe thinking of her parents.'
Teresa said she felt as though it was her, Frankie and their nine remaining children who were serving the true sentence.
'Seven years he's getting a roof over his head, he's getting three meals a day, he's getting his visits. We have a grave to visit. That's what we have,' she said.
The court heard last week from Mr Clerkin how after the crash he looked at Kiea and said goodbye to her as she died.
'When I heard that. To hear that he actually turned around and told her goodbye, it was very hard to hear, and knowing that the fear was there in that car. It's very hard to take in,' Teresa told us.
The family could not bring themselves to watch extremely horrific dashcam footage shown in court that showed the entire incident.
Both parents at the time of the crash rushed to the scene - and still to this day have their own harrowing memories of pulling Kiea and Dlava from the car - and performing CPR in a desperate attempt to save their lives.
'I didn't look at it. We walked out,' Frankie explained. Who wants to have a memory of looking at a car crashing and that's the lights out on your child? It's bad enough having to perform CPR on them or have your wife sitting there looking over your child crying and then you have to give them their last rites.'
Devastated Teresa, who gave a powerful victim impact statement, told us of how she had hoped to play a moving two minute clip of her daughter in court - for McGinn to see the life that was gone because of him.
'I wanted to play a wee video clip of Kiea and it wasn't allowed. I wasn't asking for 17 minutes of her life to be played, I was asking just for a two minute video to show what kind of a person and who she was and what she would've made of herself,' Teresa said.
'Her memory wasn't recognised enough. It was a two minute video clip. That's all I was asking, for something to be played of her. I wanted him (McGinn) to see what he took from us and the pain that we're left with.'
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