Kerry mother who lost son in crash pleads with court not to send driver to jail

In an emotionally charged victim impact statement, Maureen Gudgeon – whose son Thomas (Tom) Gudgeon died in a collision with another vehicle just outside Kenmare – said she and her family do not wish to see the other driver suffer any further.

Melissa Staunch of Dromore Old, Blackwater, Killarney was before Tralee Circuit Court for sentencing on a charge of driving without due care and attention, causing the death of 25-year Tom Gudgeon on October 12, 2022, next to riding stables at Dromcunnia, Kenmare, on the Kenmare to Sneem road.

"Tom’s death was a terrible accident and we as a family do not wish for Melissa Staunch to go to jail as we can see she is suffering greatly since the accident,” the grieving mother said through tears.

“We do not wish to separate her from her family for a custodial sentence. We understand that the sentencing will be decided by the court and we do not wish to add our voices to anything more severe than is decided here,” she added.

Her sentiments were echoed in the victim impact statement of his sister, Ellie, who said her words of loss are “by no means supposed to cause any more pain or suffering to Melissa and her family”.

"I truly empathise with you all and know your lives have also been forever changed too. I wish for us all to find some peace and healing in due course and hope, with time, you can also allow joy and happiness back in your lives as that is what Tom would of wanted and is what you and all of us truly deserve too,” she said.

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Defence barrister Brian McInerney SC said that he was somewhat at a loss for words having heard the victim impact statements of the family but said they were “heartening for human nature, kindness and charity” that the family could put forward these sentiments. He said his client, Ms Staunch “suffers every waking moment” because of the accident and was humbled by the attitude taken by the family towards her.

In evidence, the court heard that Tom was a passenger in a car driven by his girlfriend Jenny O’ Driscoll. They had collected a friend, Owen Lambe, earlier that day before having lunch and returning to Tom's house in Templenoe. They then decided to go to Centra in Kenmare to get food and other supplies.

On the way back to Tom's house again, Jenny was driving and Owen was in the front. Tom was a passenger in the back. Mr Lambe told gardaí that he noticed a black car about to pull out from a private entrance but he presumed it would see them and not pull out but it did.

The front right of that vehicle came into contact with the rear passenger door of their vehicle, causing it to spin. Tom was ejected from the vehicle, sustaining the most serious of injuries, and he died at the scene. The court was told that Jenny attempted to manoeuvre but it was too late. Mr Gudgeon was not wearing a seatbelt.

Barrister Tom Rice said that Ms Staunch did not give right-of-way to the vehicle and emerged onto the road when it was unsafe to do so.

The court was told that there was a convex mirror on the road to help motorists get a view when emerging from this private entrance at the riding stables, given the difficulty with visibility coming out of the stables.

Mr O'Sullivan, who runs the stables, said in his statement to gardaí that he had installed the mirror to assist motorists see oncoming vehicles and he had also raised concerns about the road with Kerry County Council. Mr Rice said that there should have been an opportunity for Ms Staunch to see the car if she used the mirror.

Concerns about the dangerous condition of this stretch of road were also raised by the Gudgeon family who said the accident was ‘preventable'. The road is a straight stretch with a hump and a lag, the court heard. The family said they wanted to bring the court’s attention to the location of the ‘horrendous accident’

“This accident was preventable. That part of the road is notoriously dangerous and the exit from the premises which I pass everyday, often multiple times a day, is not safe,” Maureen Gudgeon said in her statement.

The family were also critical of the lack of medical assistance at the scene.

“Additionally, once the accident did occur, no ambulance or air ambulance made it to the scene. The fire service arrived very quickly which we are hugely appreciative of. Tom never had a chance with no doctor, no paramedic or any trained emergency doctors to try to help him. No one came. He was left to die at the side of the road. He deserved better,” she said.

Jenny O’Driscoll said she too believes medical assistance could have helped her boyfriend.

“The images of the scene the day that Tom died will never leave my mind. I will forever feel that Tom would’ve been given so much more of a chance, had it not taken excruciatingly long for the medical assistance he needed to arrive,” she said in her victim impact statement, read by Tom’s mother.

Both women told of Tom's kindness, his care and love for others, as did his sister Ellie, as they remembered their beloved son, brother, and boyfriend. They said he is missed so much by all his family.

“Tom really was that one-in-a-million person who was truly kind. He made friends wherever he went, he really liked people and that came through in all he did … We love him so much, it is still so unbelievable he won’t walk through the door with his usual laid back demeanour and his big smile,” said his mother as she choked back tears.

"We are devastated to be here on this earth without him and every day we feel his absence. It's a hole in our soul, our hearts are forever broken.

"As his mum, I will never not miss him. He is in my thoughts every minute of every day since he died. He was such a good son. He was fun, funny, kind and passionate about fairness.”

Tom’s sister Ellie also read her victim impact statement through tears, saying he was a wonderful brother and friend and she is lost without him.

"Losing Tom has been completely devastating, I often feel as though my life is unravelling, like I am trapped in a dark room scrambling for a way out, hoping this is a nightmare that we will all wake up from. There is nothing that can prepare a person for the immense grief of losing a loved one, especially a loved one like Tom.

"We have not only lost Tom, we each have lost a huge part of ourselves, the trajectory of each of our lives has irreversibly changed for the worse. I miss Tom's presence on earth more than is feasible to describe, I’m scared to look forward, I’m scared to go on without him but I hold onto some hope that he’s guiding us in some way,” she said.

His girlfriend, Jenny, said in her victim impact that Tom was “the most gentle soul”, adding: “He was kind, caring and compassionate.

"He never hesitated to lend a hand, no matter who or what the situation. He put others before himself, always. He was so smart and so passionate, he had such a bright future ahead of him. He brought so much happiness to so many people, to me, his family, and his extensive group of friends.”

Mr McInerney said, in sentencing Melissa, the court must take into consideration all the factors, including the evidence of Mr O’Sullivan and his complaints to the council about the road and also the statements from the family.

He said it was a momentary lapse and there was absolutely no aggravating factors. He said the state had conceded it was at the lower end of offending.

References were handed into court, including from Templenoe Youth Club and Ms Staunch’s employer, SouthDoc. He said that, given all factors, Ms Staunch should not receive a custodial sentence. “Nor does it follow that every conviction of careless driving must lead to a disqualification,” he added.

Judge Sinead Behan said she would need some time to consider the case and adjourned sentencing.