A man charged with careless driving causing the death of his close friend has been given a nine month suspended sentence.

Lee Peacock (25) initially told gardai he had swerved his car prior to the fatal accident to avoid an oncoming vehicle but later said it was to avoid a pedestrian on the road.

He later accepted the deceased woman, Jane Dardis, a front seat passenger, had put her hand on the steering wheel. Peacock said he had not wanted to attribute any blame to Ms Dardis.

The court heard Peacock had consumed four glasses of wine over a number of hours before the collision and was travelling at 80km/ph in a 60 km/ph speed zone.

Peacock, of Seafield Court, Lower Main Street, Rush, pleaded guilty at Dublin Circuit Criminal Court to careless driving causing the death of Ms Dardis at Rush Road, Skerries on October 25, 2016. He has no previous convictions.

Today, Judge Martin Nolan expressed his condolences to Ms Dardis’s family on the terrible tragedy.

Judge Nolan said it was an unusual sentencing case in that the facts of what occurred were not clear and the court had to make a determination of what happened from the evidence before it.

He said it was certain that the car had swerved abruptly to the left, collided with something and Ms Dardis sustained fatal injuries. He said the question was why the car had swerved.

He said from the evidence before him, Peacock was “in a perfectly fit state” when he made his first statement in hospital that he had swerved to avoid an oncoming car.

In relation to Peacock’s second statement, that there had been a pedestrian on the road, Judge Nolan found evidence that youths had been seen running up the road to be “extremely tenuous.”

The judge said Peacock’s credibility had been undermined in his eyes by his initial statement and he found the pedestrian in the road explanation to be unbelievable.

He said he had come to the conclusion the swerve was due to the “interplay between the driver and the front seat passenger”. He said he found speed “probably did not contribute greatly”.

He said only Peacock could give evidence of what occurred and for whatever reason he had “obscured the truth”. He said Peacock may have a “misplaced sense of loyalty” to Ms Dardis.

In mitigation, Judge Nolan said Peacock had co-operated with gardai and was truly remorseful. He noted the many references given to the court and said it was unlikely he would come before the court again. He said Peacock was a working man and “in general, a benefit to society”.

He noted there had been “no intentional wrong-doing” and that the state case was that Peacock did not act appropriately in dealing with the situation.

Judge Nolan concluded Peacock did not deserve a custodial sentence and imposed a nine month suspended sentence. He disqualified Peacock from driving for five years.

The maximum sentence for careless driving causing death is two years imprisonment.

The judge said he found it “somewhat disturbing” that people in the hospital treating Peacock did not assist gardai in taking a blood sample, describing it as a “legitimate request”.

The court heard gardai had been told that this would have been incompatible with his treatment.

A victim impact statement from Ms Dardis’s family described themselves as now being a “heartbroken, devastated family of three” without her. They described the popular young woman’s “infectious smile” and love of sports including camogie and sailing.

“Jane loved life and life loved her. She was truly a special person,” said the family of the beloved daughter, sister and friend.

Roisin Lacey SC, defending, said Peacock had a close relationship with Ms Dardis and has been significantly traumatised by her death. She said her family’s tragedy is deeply acknowledged and deeply regretted by him.

Ms Lacey said Peacock had made a very grave error which weighs heavily on him and will do for the rest of his life.

A GAA star who admitted attacking an elderly man with his own walking stick after a row at a chip shop has escaped going to jail.

Judge Paul Kelly told Tyrone player Dean McNally he can consider himself “extremely lucky” after he struck out the charges against him.

McNally (27) previously appeared at Letterkenny District Court in Co Donegal after being told to pay victim Eugene Ferry €2,000.

The court heard there had been a verbal row at a chip shop involving McNally, two of his friends, and Mr Ferry, who was using a walking stick.

The row spilled out onto the street outside the Downings Bay Hotel on the night of March 4, 2017. Once outside, McNally broke Mr Ferry’s walking stick on the ground. Mr Ferry was then pushed to the ground and hurt his hand.

McNally, of Cabhan Alvinn, Pomeroy, Dungannon, Co Tyrone, then threw a part of the walking stick at the elderly man, hitting him on the back. The court heard both McNally and his two friends then began to verbally abuse Mr Ferry.

The victim made a complaint to bouncers who contacted gardaí. Garda Colm McConigley viewed CCTV footage of the attack and was able to identify McNally as the culprit.

McNally’s solicitor, Kieran O’Gorman, said his client never meant to get involved in any row. The court heard he is engaged to be married.

The GAA player was charged with being intoxicated, using threatening and abusive language and also assault.

A victim impact statement was handed into court.

McNally told the court: “I apologise for what happened and I should not have been involved.”

The court was initially told that €500 had been paid to Mr Ferry as compensation, but Mr Ferry said this was not the case.

He added he had been offered €100 but nothing ever came of it. The judge asked if two other accused men involved in the case had appeared before the court.

He said: “I’m curious about the other two individuals. The injured party said he was attacked by three males outside the chip shop.

“Is he covering up for other people is the question I’m asking.”

Garda Inspector Goretti Sheridan told the court it was a bouncer outside the premises who identified McNally and no other people were sought in connection with the attack.

The judge ordered that €2,000 be handed over to Mr Ferry and that another €500 lodged in court by McNally be given to the victim.

“On that basis, I will strike out the charges against him…He can consider himself very lucky,” he added.

Last year, while on a stag party in Las Vegas, McNally was locked up for three weeks after being accused of sexually assaulting a 12-year-old girl.

“They accused me of touching the bum of a 12-year-old girl while walking down the street. It was completely untrue,” he said later.

Despite maintaining his innocence, he said he was forced to accept a lesser charge of ‘simple battery’ rather than spend two years in jail awaiting trial.

A GAA player – who was once imprisoned in the US after being accused of sexually assaulting a 12-year-old girl – yesterday pleaded guilty to attacking an elderly man with his walking stick.

Dean McNally appeared at Letterkenny District Court in Co Donegal on Monday charged with a range of offences.

The court heard how there had been a verbal row at a chip shop involving McNally, two of his friends and an elderly gentleman using a walking stick.

The row spilt out onto the street outside the Downings Bay Hotel on the night of March 4 2017.

Outside McNally, who plays for both Tyrone and Kildress, broke Mr Euegene Ferry’s walking stick on the ground.

Mr Ferry was then pushed to the ground during the incident and hurt his hand.

He then threw the other part of the walking stick at the elderly man hitting him in the back.

The court was also told that both McNally and his two friends then began to verbally abuse Mr Ferry.

The victim made a complaint to bouncers who contacted Gardai about the matter.

Garda Colm McConigley viewed CCTV footage of the attack and was able to identify McNally as the culprit.

Solicitor for the accused, of 23 Cabhan Alvinn, Pomeroy, Dungannon, Co Tyrone, Mr Kieran O’Gorman, said his client had no previous convictions.

He said his client was of good character and never meant to get involved in any row.

He is charged with being intoxicated, using threatening and abusive language and also assault.

McNally, aged 27, told the court “I apologise for what happened and I should not have been involved.”

Judge Kelly adjourned the case until April 19th and ordered McNally to pay €2,000 to the victim.

“I accept that he is of good character. If he pays that money on that date I will consider not jeopardising his career,” said Judge Kelly.

Meanwhile, it emerged that McNally spent three weeks in a Las Vegas prison in November 2017 after being accused of sexually assaulting a 12-year-old girl, charges that he denies.

He was initially told that he could expect a 10-year sentence and a possible life sentence.

McNally said he was forced into accepting a lesser charge of `simple battery’ rather than spend two years in jail awaiting trial.

Speaking to the Sunday World at the time, McNally said the charges were “completely untrue”.

“I was never formally interviewed by police yet there I was in court being told the best I could expect was a 10-year prison sentence,” he said.

McNally had been in Las Vegas on a stag holiday with a group of friends when he was accused of inappropriately touching a 12-year-old who was dressed in a bear costume.

He described the incident to the Sunday World as “the worst thing you could ever be accused of”.