Father charged with impeding prosecution

CHARGE FOLLOWS SON’S CONVICTION FOR DANGEROUS DRIVING CAUSING DEATH OF PAUD O’LEARY IN 2012

A 71-YEAR-OLD North Cork man has been charged with attempting to impede the prosecution of his son for dangerous driving causing the death of a father-of-four in a hit and run in east Kerry four years ago.

Dan Joe Fitzgerald was charged last week with attempting to impede the prosecution of his son, Shane, on a charge of dangerous driving causing the death of Paudie O’Leary (42) on July 1, 2012

Mr O’Leary was out for a training cycle at 5am on the day in question when he was struck and knocked off his bike at Scrahanfada near Gneeveguilla by a Toyota Landcruiser that failed to stop.

His body was later found by relatives searching for him and gardai began an investigation to try and identify the hit and run driver who fatally injured Mr O’Leary but failed to stop or report the matter.

In March 2015, Shane Fitzgerald, who had denied any involvement in the incident, was convicted of dangerous driving causing the death of Mr O’Leary after a trial at Tralee Circuit Criminal Court.

Fitzgerald was sentenced to six and a half years in jail for the offence by Judge Thomas O’Donnell who suspended the final 18 months of the jail sentence and he banned him from driving.

Last Friday, Dan Joe Fitzgerald of Upper Knockeen, Meelin, Newmarket, Co Cork appeared before Cork District Court where he was charged with attempting to impede a Garda prosecution.

The charge stated that he knowing or believing Shane Fitzgerald to be guilty of dangerous driving causing death did act with intent to impede the apprehension or prosecution of Shane Fitzgerald.

The offence, which is contrary to Section 7 (2) of the Criminal Law Act and carries a penalty of up to ten years, is alleged to have happened at a place unknown between July 1 and July 13, 2012.

Insp Fergal Foley gave evidence of arrest, charge and caution and told Judge Leo Malone that Fitzgerald Snr made no reply to the charge when it was put to him after caution.

Insp Foley said the Director of Public Prosecution had directed trial on indictment and that time was needed for preparation of a book of evidence and he applied for an adjournment.

Defence solicitor, Shane Collins Daly, told Judge Leo Malone that his client was applying for free legal aid in relation to the matter as he was a 71 year old pensioner with limited means,

However, Insp Fergal Foley said Gardai believed Fitzgerald had an income until relatively recently

“He was engaged in importing machinery from the UK and then selling it,” he said.

Judge Malone said he was reserving a decision on free legal aid until Gardai made a full inquiry into the statement of means submitted by Mr Fitzgerald in support of his free legal application

Judge Malone remanded Fitzgerald, who did not speak during the brief hearing, on bail on his own bond of €500 to appear again before Cork District Court on December 15 next.