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Five Years On (2010)
Five Years On. Five years have now passed and the pain of loosing Graham has not got any easier. We now have had time to reflect on matters connected to Grahams death. We get through the days thinking he is still around and the nights are both long and hard to deal with. We also think of Stephen Kelly the person responsible for Graham losing his life. He destroyed our lives and in our opinion he is one of the lowest types imaginable. At no stage has he shown any remorse or did he take responsibility for the damage he done. In all the time that has now passed he has not had the decency to act like any decent human being would. In the Circuit Court State Case Kelly gave an Oscar Winning Performance telling the Jury a completely different story to what he told Garda Sgt John McKnight in his signed statement. In the time past the family have paid particular interest in road crash cases where life is lost and they understand only to well what those families are going through. The innocent are in their graves while the guilty walk away scot free. The guilty can say what they like to convince a jury that has little idea of what is going on but the deceased has no voice. On the jury that found Kelly Not Guilty of the Charge of Dangerous Driving Causing Death was a professional lorry driver who saw nothing wrong with the condition of the vehicle that Kelly was driving country wide ever day, Faulty Brakes, No Lights, No safety under run bar, No certificate of Road Worthiness for the previous 17 years, side reflector markings completely covered in mud. Those faults were all outlined to the jury and while a few old ladies might not fully understand the danger of having a vehicle such as the one Kelly was operating the Lorry Driver on the Jury should have known full well. The Law needs to be changed for charges such as Dangerous Driving Causing Death and be dealt with by an experienced qualified Circuit Court Judge. The public should have been protected and Kelly should have received a long driving ban. Extract from Garda Files; MEMO OF INTERVIEW OF STEPHEN KELLY, 12/06/80, OF BALLYCOMMON, THE ROWER, CO KILKENNY, MADE ON THE 15/10/05 AT TRAMORE GARDA STATION TO SERGEANT JOHN MCKNIGHT, HAVING BEEN CAUTIONED AS FOLLOWS: You are not obliged to say anything unless you wish to do so but anything you do say will be taken down in writing and may be given in evidence Q Do you understand the caution ? A Yeah. Q What time did you pick up the lorry on 12/10/05? A Around 6 am. Q Did you check it out? A No I just hopped in. Q Did you check the trailer? A No I just hopped in. Q Did you check on the side markings and sidelights on the trailer on the morning before you drove off? A No I just hopped in. This memo has been read over to me and it is correct and I have amended anything which I wanted to. Signed; Stephen Kelly Witnessed: John McKnight, Sergeant, 22579G Dated: 15/10/05 Extract from Circuit Court State Case: On the morning of the crash Kelly stated he was on the road at 6 am heading for Ashtown, Co, Waterford. He told the jury that before leaving that morning he carried routing checks on lights and that they were all working. He convinced the jury that a socket and light that was completely missing was in fact working ? .He explained to the jury that a timber must have fell onto the trailer while loading and the shock blue out the bulb. This explanation was given notwithstanding the fact that no timber was loaded that morning before the crash and none was loaded after the crash as the truck was impounded. The State Barrister Mr. Delaney stated that Kelly did not seem to have the capacity to accept responsibility for anything whatsoever knowing full well he had not a leg to stand on. He further stated the case was an insight into Kelly attitude, he backtracked on his signed statement and ducked and dived on straight questions The evidence is Kelly lied under oath and he put Grahams family through hell in Court and the impression he gave to the jury was he was not in any way responsible or at fault. Had the State Services done their job correctly the outcome would have been much different. Following Grahams death the Law changed and what Kelly got away with should now never happen again in relation to a fatal crash investigation. To the Norris family Stephen Kelly's only worry is about himself and his image. When he faced Civil High Court Action his legal team and his Insurer both agreed that their client Kelly was responsible for Grahams death. When the outcome of the High Court Case appeared in the Press as a matter of public interest, Kelly responded by starting Court Action against the newspaper. As far as Graham's family is concerned Kelly paid no penalty for Grahams death. He now has road traffic convictions but no conviction for the main crime he committed Kelly lives his life as if nothing ever happened, has a family, new house and all the trimmings but Graham is in his lonely grave in Ballinroad Cemetary for ever because of Kelly's reckless action.
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