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Death driver sentence adjourned

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Death driver sentence adjourned
Relatives of a teenage girl who died after a speeding car flung her into the air gasped with disbelief as the driver's lawyer asked for him not to be jailed.

Many people sitting in the packed public gallery of court 12 at the Laganside Court complex sat stunned as defence QC Patrick Lyttle argued that Martin McDonnell, 20, should receive a non-custodial sentence.

Earlier Belfast Crown Court heard how the Citreon Xantia McDonnell was driving in the early hours of September 15 2007 ploughed into Adelle Whiteside, 14, as she crossed Finaghy Road South at its junction with Orpen Park.

Prosecuting QC Frank O'Donoghue said that according to forensic evidence, Adelle landed more than 50 metres further down the road.

He described how an evening that had started in celebration of a friend's wedding, ended in tragedy.

Martin McDonnell, from Garnock in Belfast, pleaded guilty to causing her death by dangerous driving.

Mr O'Donoghue told the court that according to prosecution and defence expert engineers, McDonnell had been driving between 41 and 47 MPH when the accident happened, adding that on the Crown case, his driving had been dangerous because of the speed in the built-up residential area which is governed by a 30 MPH limit and from his lack of attention.

He said that at the time of the accident, McDonnell had had a clear criminal and driving record but revealed that eight months afterwards, he was involved in a police pursuit for which he is currently serving a three-year probation programme.

Defence QC Patrick Lyttle revealed that car chase had been as a result of McDonnell being stopped from taking his own life on the M1 close to Craigavon.

"Officers came on the scene and he drove off at speed to avoid them because he wanted to complete his suicide," said the lawyer adding it was entirely "because of the guilt that stuck with him over causing the death of Adelle".

Mr Lyttle said that according to the authorities the sentence for a defendant pleading guilty to death by dangerous driving with no aggravating factors was between nine and 15 months.

"In this case we have a substantial number of mitigating features and I submit that when you combine the two, that brings you to the territory of exceptionality," declared the lawyer adding:

"This isn't a case for an immediate term of imprisonment."

Adjourning passing sentence and releasing McDonnell on bail, Judge Geoffrey Miller QC said he would do so in the "next couple of weeks", describing such cases as "some of the most difficult in terms of the sentencing exercise which the court must deal with".

© UTV News

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