A DRUNK driver who killed a Fermanagh father-of-two by crashing into his car at nearly 100mph has failed in a legal bid to secure a reduced prison term.
The Court of Appeal dismissed Vladimar Kovac’s challenge to his nine-and-a-half year sentence for causing the death of Barry McManus in a collision near Brookeborough, on June 11, 2022.
Lady Chief Justice Dame Siobhan Keegan rejected claims that the sentence was manifestly excessive.
“The appellant made a very bad choice which killed a man and wrecked a family,” she stated.
Kovac, 43, got behind the wheel of his Volkswagen Golf after drinking vodka and having a row with his wife.
Records revealed he accelerated from 88mph to 95mph in the seconds before crashing into Mr McManus’ Renault Megane as it travelled in the opposite direction on the Belfast Road.
The 42-year-old victim, who had just become a father for the second time, died at the scene.
Mr McManus’ wife was holding their three-week-old baby when police informed her that he had been killed, prosecutors disclosed.
Kovac, from Carrowshee Park, Lisnaskea, pleaded guilty to causing death by dangerous driving.
The court heard Kovac initially went out to sit in his car following a heated argument with his wife and then decided to leave the matrimonial home.
He continued talking to her on the phone using the hands-free system as he drove.
No braking activity was recorded before the high-speed crash on a section of road with a 60mph limit.
Defence lawyers argued that the trial judge’s approach to the sentencing process was flawed.
But the Lady Chief Justice described it as an “extreme” episode of dangerous and drunken driving by Kovac.
“He did so deliberately and continuously, and with the accelerator fully depressed, increasing the speed significantly in the five seconds before impact,” she said.
Highlighting the life-long and “devastating” consequences for the family of Mr McManus, Dame Siobhan stressed there were wider lessons to be learned.
“People engaged in domestic rows who also have drink taken should clearly not continue the argument in their cars when they are in such an emotionally heightened state,” she added.
Kovac’s further appeal against a 10-year driving ban was also rejected.
Dame Siobhan pointed out that the disqualification period will cover his period on licence following release from prison.
She confirmed: “That, in our view, is a reasonable disposition and is not disproportionate.” ends
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