The Kerryman (South Kerry Edition)
FATHER CLEARED OF HELPING SON DODGE THE LAW
MAN ACCUSED OF AIDING SON EVADE PROSECUTION OVER FATAL CAR CRASH IS CLEARED BY THE COURTS
A 72-year-old Cork man who was on trial for allegedly impeding the prosecution of his son for dangerous driving causing death has been cleared of the charge on the orders of the trial judge.
Daniel ‘Dan Joe’ Fitzgerald of Knockeen, Kncokduff, Meelin, County Cork had been on trial at Cork Circuit Criminal Court.
He had pleaded not guilty to the charge that he impeded the apprehension or prosecution of his son Shane Fitzgerald who had committed the offence of dangerous driving causing the death of Paudie ‘Paud’ O’Leary at Scrahanafadda, Gneeveguilla, on July 1, 2012.
Shane Fitzgerald was convicted of dangerous driving causing the death of Mr ‘Leary in 2015. He was sentenced to six and a half years in prison with the final 18 months suspended.
Opening Mr Fitzgerald Snr’s trial last week, prosecution barrister Siobhán Lankford said the state alleged that in the immediate aftermath of the fatal crash a credit card in Dan Joe Fitzgerald’s name was used to pay for his son’s ferry fare to the UK, a plane ticket to Australia and an Australian visa.
During legal argument on Wednesday the third day of the trial – defence barrister Ray Boland said that the case before the jury would require them to speculate in order to reach a verdict.
On foot of the legal argument Judge Séan Ó Donnabháin agreed that the state had failed to show that on July 2 and 3 2012 – when the tickets and visa were arranged – Mr Fitzgerald Snr was aware that Gardaí were seeking his son in relation to the fatal accident.
As such it could not be proven that the transactions were carried out with the intent of impeding his son’s arrest.
Judge Ó Donnabháin added that there was no proof Dan Joe Fitzgerald had personally used his credit card to book the tickets or arrange his son’s visa.
Judge O Donnabháin said the DPP’s case was not strong enough in law to be put before a jury and as a result he was ordering the jury to find Dan Joe Fitzgerald not guilty by order of the court.
Mr Fitzgerald was told he had been found not guilty and was free to leave the court.