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David James Shields: Family feels 'no justice' after drink driver avoids jail - BBC News

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Jim Shields
Shields family

A County Armagh man has said he cannot believe a drink driver who struck his uncle with a car and left the scene was not given a jail sentence.

David James Shields' body was found in the early hours of 14 June 2016 at the side of Shillinghill Road near Markethill, County Armagh.

Mr Shields, who was known as Jim, was from the Glenanne area.

John McBurney, 43, from Green Park Avenue, Markethill, was driving the car that struck Mr Shields.

McBurney was originally charged with causing death by careless driving while unfit.

However, the Public Prosecution Service (PPS) instead accepted his guilty pleas to driving while unfit through drink or drugs and failing to stop, remain and report an accident.

Shillinghill Road, Armagh
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McBurney, who has two previous drink-driving convictions, received a 200-hour community service order and a three-year driving ban at Newry Magistrates' Court on Tuesday.

The judge said the decision was partly down to evidence that Mr Shields "was lying on the road at the time of the impact that caused his death".

"It's just a bit hard to take in," David Brooks, Mr Shields' nephew, told BBC's Good Morning Ulster programme.

"It was a blatant hit-and-run. If you hit something on the road, you stop, no matter what it is. Stop and see what it is.

"In this case, he'd had drink, he panicked and drove on."

Mr Shields was walking home from a pub on the evening of the incident, where he had been drinking along with McBurney.

The two men lived approximately one mile away from each other.

'No justice for our family'

Speaking about the evidence Mr Shields had been lying on the road, Mr Brooks said: "He could have been propped up against a bank maybe taking a breather, maybe he had too much drink, maybe he seen the car coming and maybe staggered to get up to move himself and fell into the car - we don't know."

He described the sentence handed down to McBurney as "a wrap on the knuckles".

"What he received - the 200 hours in the community and the three-year driving ban - I think our justice system in Northern Ireland is absolutely appalling.

"There is no justice there whatsoever for our family."

Mr Brooks said relations in the community "will never be the same" following the incident.

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