Tougher dangerous driving sentences ‘taking too long’

The parents of a County Tyrone student who was killed by a drunk driver 10 years ago say a promise to bring in tougher sentences is “taking forever”.

Enda Dolan from Omagh was in his first term at Queen’s University Belfast when he was struck by a van driven by David Lee Stewart in October 2014.

His family have campaigned over the last decade to increase the maximum sentence for causing death or serious injury by dangerous driving.

Justice Minister Naomi Long said she planned to bring forward a Sentencing Bill to increase the maximum penalties in such cases from 14 years to 20 years.

The bill would also include a proposal to introduce a discretionary life sentence for offenders with a previous conviction for a similar offence.

However, there is no timescale for when the law will change, beyond an intention to introduce legislation before the next Northern Ireland Assembly election in 2027.

Enda’s father, Peter Dolan, told BBC News NI it was taking too long to introduce tougher sentences.

The law in England, Wales and Scotland changed in 2022 with the maximum penalty increased to a life sentence.

Mr Dolan said the justice system in Northern Ireland was “not fair” and needed to change.

“In England and Wales the maximum there is life for a similar crime. So why are we backward here? Why does it take forever? Why are we always behind?” he said.

“Like everything in Northern Ireland it takes forever and you’re sort of wondering, listen we’re 10 years shouting about this.

“Can we not get this over the line?”

Mr Dolan believes “it should be life for committing such a horrendous crime” and tougher sentences would be a “major deterrent” for people who drive under the influence of drink or drugs.

A change in the law would be “a great achievement but I think it needs to happen sooner rather than later”, he said.

“Things are not going to change for us, you know, it’s not going to change anything,” Mr Dolan said.

“Enda’s not going to come home and say right, okay, I’m back. That’s not happening.

“It’s just one of those things. I think we would rest happier.”

Enda Dolan, a talented artist and musician who was studying architecture, was walking to his student accommodation when a van was driven onto a footpath and hit him.

A trial heard that the driver, David Lee Stewart, drove with the teenager on the roof of his van for about 800 yards before he stopped.

The court was told Stewart, of Gray’s Park Avenue, took 13 drinks, including six pints of beer and four Jagerbombs – a mix of a spirit and an energy drink.

Traces of drugs, including cocaine, were also found in his system.

He received a sentence of seven years, half to be served in prison and half on licence.

It was later increased to nine years on appeal.

Following the case in 2016 the then-justice minister, Claire Sugden, announced a major review of sentencing.

A public consultation was started in 2019 and completed the following year with the overwhelming number of respondents in favour of tougher sentences.

In 2021, Justice Minister Naomi Long proposed a change in the law to increase the maximum sentence from 14 year to 20 years.

However, the collapse of the Stormont Executive between 2022 and February 2024 has been blamed for the delay in bringing in the new penalties.

In a statement to BBC News NI, Long said she had “huge respect” for the Dolans who she commended for their “courage and commitment” throughout their campaign.

“I am planning to bring forward a Sentencing Bill which will deliver on a number of the recommendations arising from my department’s public consultation on a review of sentencing policy,” she said.

“In light of the Dolan family’s campaign, and following significant engagement with them and other families who have been bereaved in similar tragic circumstances, this will include increasing maximum penalties for those convicted of offences causing death or serious injury by driving.”

Long said in addition to raising the maximum sentence from 14 years to 20 years and the introduce a discretionary life sentence for offenders with a previous conviction for a similar offence, it was proposed to increase the minimum period of mandatory disqualification from driving from two to four years.

This would rise from three to six years for a repeat offender.

“The absence of a functioning assembly and executive for two years has inevitably had an impact on my department’s legislative programme,” Long said.

“It is intended that this bill will be introduced during the remainder of this assembly mandate.”