A judge and jury will hear the case against a 71-year-old man charged with impeding the prosecution of his son for dangerous driving causing death.
Insp Fergal Foley confirmed at Cork District Court yesterday that the book of evidence had been served on Daniel (Dan Joe) Fitzgerald of Knockeen, Meelin, Newmarket, Co Cork.
On the inspector’s application, Judge Olann Kelleher sent the case forward to Cork Circuit Criminal Court on February 16.
It is anticipated that the case may be adjourned until later in the year when it is mentioned next week at the circuit court.
The charge was amended yesterday in terms of the dates of the alleged offence which now states that it occurred on an unknown date between July 1 and 16, 2012. There was one further amendment to state it allegedly occurred inside and outside of the State.
Otherwise the particulars of the offence state it allegedly occurred when another person, Shane Fitzgerald, having committed the arrestable offence of dangerous driving causing the death of Paudie O’Leary on July 1 2012 at Scrahanafadda, Gneeveguilla, Co Kerry, of which he was subsequently convicted, that he (Daniel Fitzgerald) believing Shane Fitzerald to be guilty of that or another offence, impeded the apprehension or prosecution of Shane Fitzgerald.
The late Mr O’Leary was out on a training cycle for the 112-mile Ring of Kerry charity cycle due to take place the following week. The married man with a young family was a native of Gneeeveguilla.
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