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Irish Daily Mirror
3 days ago
- Irish Daily Mirror
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.' The Irish Mirror's Crime Writers Michael O'Toole and Paul Healy are writing a new weekly newsletter called Crime Ireland. Click here to sign up and get it delivered to your inbox every week 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.'
Sunday World
4 days ago
- Sunday World
Man hit speeds of over 150kmh as he followed car involved in fatal Debs crash
Members of the McCann family, who had been listening on in court, reacted angrily when it was put to Judge Finnegan there had been no indication of any racing element being involved A father of four who drove at speeds of more than 150kmh as it followed a car that was involved in a crash that claimed the lives of two teenagers as they made their way to a Debs ball in Monaghan has been handed an 18 month suspended prison sentence. Alin Sorin Gatea (46) of Carn Heights, Clones, Co Monaghan, appeared at a sitting of Monaghan District Court to face five counts of dangerous driving at various locations between Clones and Monaghan on July 31, 2023. Best friends Kiea McCann (17) and Dlava Mohamed (16) were killed when a car driven by Anthony McGinn of Drumloo in Co Monaghan left the road and crashed into a tree. Alin Sorin Gatea was handed down three terms of six months in prison, sentences which Judge Raymond Finnegan ordered to run consecutively for a period of two years. The 62-year-old was jailed for seven years at a sitting of Monaghan Circuit Criminal Court last month having previously pleaded guilty to dangerous driving causing the deaths of the two teenage girls. McGinn was also banned from driving for 15 years having also pleaded guilty to dangerous driving causing serious bodily harm to Avin Mohamed, a sister of Dlava. Romanian national Gatea pleaded guilty to dangerous driving before Judge Raymond Finnegan during which dashcam footage taken from the factory worker's car was played in open court. Alin Sorin Gatea outside Monaghan Courthouse. Inspector Ann Marie Lardener said Gatea had been behind the wheel of an 11-registered BMW and en route to the Westenra Arms Hotel in Monaghan town with his 19-year-old son and his debs partner when the incident took place. She said conditions on the evening were wet as footage from Gatea's car was played. That showed the factory worker following behind a jeep and trailer just outside Clones town before the car in question could be seen overtaking it just past a Circle K filling station on the outskirts of the town. Inspector Lardener said as a result of forensic led investigations that followed, Gatea's car was found to have been travelling at a minimum speed of 145kmh and a maximum speed of 151kmh between the service station and the New Line junction. Anthony McGinn was sentenced to seven years in jail for causing the deaths of Kiea McCann (left) and Dlava Mohamed. The court was told Gatea was travelling at close to or double the 60kmh and 80kmh speed limit zones on the road. In defence, solicitor Catherine Taaffe was at pains to point out there had been 'no joint enterprise' or suggestion her client had been acting in concert with the other car. Members of the McCann family, who had been listening on in court, reacted angrily when it was put to Judge Finnegan there had been no indication of any racing element being involved, an admission that caused the late Kiea McCann's father Frankie to shout: 'He didn't help, f****** w*****' before being escorted out of court by a garda. Anthony McGinn's reckless driving caused the deaths of Kiea McCann and Dlava Mohamed Ms Taaffe said her client had been a permanent fixture in Ireland for the past decade who had endured significant personal turmoil in the aftermath of the incident. She said that had manifested itself through posts which had been published on social media to such an extent there was now a 'live threat' on his life. Insp Lardener replied, insisting gardaí were not aware of any such threat being present, something Ms Taaffe attempted to clarify by revealing how Gatea had made an official complaint before later withdrawing it out of fear of causing any more upset. 'His car was destroyed and his son's car was also destroyed,' she told the court. 'He suffers from PTSD and his wife has threatened to leave him and take the children back to Romania.' A copy of a social media publication in connection to the incident and Gatea's involvement was handed into Judge Finnegan which, the Justice, described as 'fairly sinister'. Ms Taaffe also said Gatea had, in fact, volunteered to hand in the dashcam footage from his car and had cooperated fully with the garda investigation that followed. Alin Sorin Gatea was also banned from driving for four years. In handing down his sentence, Judge Finnegan said there was no denying Gatea, who had one previous conviction to his name, had 'clearly put' the lives of both himself and his two passengers in danger as he handed down three separate six month suspended sentences for dangerous driving episodes at Clonkirk, Altertate Glebe and Legnakelly in Clones. Judge Finnegan ordered the three terms of six months to run consecutively, suspending their duration for two years. He was also disqualified from driving for four years with the two other dangerous driving charges being taken into consideration. Alin Sorin Gatea outside Monaghan Courthouse. News in 90 Seconds - June 17th
RTÉ News
4 days ago
- RTÉ News
Suspended sentence for driver found speeding ahead of fatal crash
A 46-year-old driver, who was found speeding as he followed the car that was involved in a crash that claimed the lives of two teenagers who were on their way to their Debs in Co Monaghan almost two years ago, has been given an 18-month suspended sentence. Alin Sorin Gatea of Carn Heights, Clones, Co Monaghan, appeared before a sitting of Monaghan District Court to face five counts of dangerous driving at various locations between Clones and Monaghan on 31 July 2023. On that date, best friends Kiea McCann, 17, and Dlava Mohamed, 16, died when the car they were travelling in left the road and struck a tree at Legnakelly, just outside Clones. Anthony McGinn, with an address at Drumloo, Newbliss, Co Monaghan, previously pleaded guilty to dangerous driving causing the deaths of the two teenagers. Last month, the 61-year-old, who had offered to drop the girls to their Debs in Monaghan town on the evening in question, was jailed for seven years at Monaghan Circuit Criminal Court. Gatea, a father-of-four and a Romanian national, subsequently pleaded guilty to a charge of dangerous driving before Monaghan District Court. The court was told that Gatea was driving his own 19-year-old son and his son's debs partner to the Westenra Arms Hotel in Monaghan town when the incident took place. Dash-cam footage was played to the court which showed the factory worker's BMW travelling at speed behind McGinn's white BMW prior to the fatal collision Garda Inspector Ann-Marie Lardner told the court that forensic examinations had been carried out and the dash-cam footage of the incident from Gatea's vehicle had been examined. Ms Lardner said that Gatea was found to have been travelling 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. The court was told that this was close to or double the 60km/h and 80km/h speed limit zones on the road in question. Defence solicitor Catherine Taaffe told the court that there had been "no joint enterprise" or suggestion that her client had been acting in concert with the other car. Ms Taaffe also said that Gatea had voluntarily handed in the dash-cam footage shown in court, which had helped the State in bringing someone else to justice for a much serious crime. Members of Kiea McCann's family, who were in court, reacted angrily when it was put to Judge Raymond Finnegan there had been no indication of any racing element being involved. The judge said he understood that the family were angry and upset but he said the Director of Public Prosecutions had directed him in this way over the dangerous driving charges and he can only act on what is before him. Judge Finnegan then handed Gatea three separate six-month suspended sentences for different dangerous driving episodes. The sentences are to run consecutively and were suspended for a duration of two years. The judge also disqualified the 46-year-old factory worker from driving for four years.
