The King v Arthur McGrillen
| Jurisdiction | Northern Ireland |
| Judge | His Honour Judge Miller KC |
| Neutral Citation | [2022] NICC 28 |
| Date | 04 November 2022 |
| Court | Crown Court (Northern Ireland) |
1
Neutral Citation No: [2022] NICC 28
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: MIL11976
ICOS No: 21/080124
Delivered: 04/11/2022
IN THE CROWN COURT OF NORTHERN IRELAND
___________
DOWNPATRICK CROWN COURT
(SITTING AT LAGANSIDE COURTHOUSE)
___________
THE KING
v
ARTHUR McGRILLEN
___________
HIS HONOUR JUDGE MILLER KC
Introduction
[1] The defendant falls to be sentenced having pleaded guilty to the two charges
on the bill of indictment, these being of causing the death of Aiden Fitzpatrick and
the grievous bodily injury to Ralph Mills, by driving dangerously on the Killyleagh
Road, Downpatrick on the afternoon of Sunday 19 October 2019.
[2] Expressed as a blunt factual statement this does little to convey the enormity
of the consequences of what occurred that day and how the impact like the ripples
on a pond have grown ever wider and have changed lives forever.
[3] The core function of the court today is to pass sentence upon the defendant
for the offences he has committed, but no sentence can restore the life that has been
lost or mend the life that has been so damaged. Whilst the nature of the proceedings
must focus on the actions of the defendant and his personal circumstances and how
this factors into determining the sentence the Law requires it is essential that in so
doing those most affected by the events of that day are kept to the forefront of the
court’s attention.
[4] It is for that reason that I intend taking some time to consider the life of
Aiden Fitzpatrick and reflect upon his legacy as outlined in the eloquent and
heartfelt statements of his family. In so doing I will also refer to the statement I have
from Ralph Mills, who survived that day but who will live with the aftermath for the
rest of his days.
2
Victim Impact Statements
[5] Aiden Fitzpatrick was a ‘giant of a man’ both in terms of his height at 6’4” but
more importantly in his warmth, humanity and love for family and his fellow man.
He leaves his widow, Deirdre, sons Peter, Ciaran and Niall, daughters Louise,
Niamh and grand-children Holly and Jamie to all of whom he brought security,
support, endless patience, devotion and apparently a wonderful sense of humour.
[6] He and Deirdre met in their second year at QUB in 1981 and they were
together for the next 38 years, during which time they built a truly happy and
close-knit family. It is significant that even after the children had grown up and
several left home to build their own lives, Sunday evening remained a sacred time
when the family including the new generation, gathered for Sunday dinner. This
was a time to catch up on the events of the week and to enjoy each other’s company.
Aiden was at the head of the household both literally and figuratively, dispensing
good advice, providing a listening ear and laughing at his own stories.
[7] The picture of this man, however, radiates beyond the family setting. He held
a demanding post working for the Equality Commission but seemed able to find
time to do so much more. He was a talented sportsman, winning a ‘Blue’ at Queen’s
for his prowess as a Basketball player and later he organised the basketball section of
the World Police and Fire Games in 2013. He was actively involved in and hugely
supportive of the Special Olympics, starting by refereeing tournaments and then
graduating to coaching, first a team in Bangor and then an All-Ireland winning
Ulster side. All the while he was involved with his children’s diverse sporting and
cultural activities, attending GAA, Irish Dancing and Drama festivals. In all of this
he took delight in the achievements of others and in particular the Special Olympics
athletes. As Deirdre observed:
“He loved the Special Olympics and really enjoyed his
time with the athletes and couldn’t wait to tell us stories
of their antics. He took great pride in every new skill any
of them developed.”
[8] This sense of service shines out from the family tributes. Aiden was a blood
donor and later a platelets donor giving more than 200 donations of platelets over a
20-year period to help cancer patients. He did so because he felt as someone who
enjoyed good health it was important to help others. This sense of giving without
thought of reward extended to his last gift, namely that his organs be donated after
his death. As he told Deirdre:
“When I die, give them everything – they’ll be no use to
me.”
Those wishes were fulfilled on 23 October 2019.
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