The Director of Public Prosecutions has appealed against the sentence imposed on a truck driver for the careless driving death of three-year-old Estlin Wall and causing serious bodily harm to her father, Vincent, three years ago.
The DPP is claiming that the sentence imposed by Judge Gerald Keys last month at Ennis Circuit Court on Senan O'Flaherty (63), of Lower Gowerhass, Cooraclare, "is unduly lenient", the Courts Service yesterday confirmed.
In his sentence, Judge Keys imposed a €750 fine on O'Flaherty, for the careless driving, causing death of Estlin on March 15, 2017.
He also fined O'Flaherty €750 for careless driving, causing serious bodily harm to Mr Wall.
Judge Keys - who retired this week - also gave O'Flaherty a four-year driving ban.
The judge stated that O'Flaherty's culpability was low and "at the bottom end of the spectrum" in the accident near the village of Inagh.
In court, Estlin's mother, Amy, wept at the sentencing, remarking from her seat "that's how old my daughter was - four years" in reference to the driving ban.
O'Flaherty had pleaded guilty to both careless driving offences - careless driving, causing the death of an individual carries a maximum penalty of two years in jail.
The appeal came after Estlin's parents wrote a letter urging the move.
"It is great that the DPP has appealed. I am very happy with that and we feel vindicated," Mr Wall said yesterday.
"I don't think we ever had high hopes that the trial or the court experience would make us feel that justice had been done but after the sentence, we were in shock as we never expected coming away that there would be an injustice. It was quite deflating."
Mr Wall said that Amy had their third child, Lucie, last week at a hospital in Limerick.
The couple called the baby Lucie as that was the name Estlin had picked for the couple's second-born while Amy was pregnant - the baby was a boy and the couple named him Mannix.
"We are home now with Lucie and back into our cocoon and very happy to be new parents of our third child," said Mr Wall.
"It is a happy situation but quite sad as well - Estlin will never be forgotten.
"Overall, we are happy to be home and happy that everything went well and happy that the DPP will try to rectify that sentencing."
The crash left Mr Wall unconscious for weeks meaning he missed Estlin's funeral and today continues to struggle with the effects of a brain injury.
Sadly, missing from the welcome for Lucie was Mr Wall's mother, Patricia, who died from cancer in January 2018.