Kerry hit-and-run jury hears text messages

A series of text messages, sent to friends by an accused man in a hit- and-run case, has been read out to a jury.

Evidence of 15 texts and three calls, on June 30 and July 1, from the mobile phone of Shane Fitzgerald, was given by Inspector Feargal Foley, the senior investigating garda in the case.

Fitzgerald, aged 23, of Upper Knockeen, Knockduff, Meelin, Newmarket, Co Cork, denies dangerous driving causing the death of cyclist Paud O’Leary, at Scrahanfadda, Gneeveguilla, Co Kerry, on July 1, 2012.

The jury in the case at the Circuit Criminal Court in Tralee had already seen CCTV footage and had been told the accused was the owner of a dark, grey Toyota Land Cruiser suspected of being in the accident.

A Land Cruiser was seen on CCTV in Newmarket, Co Cork, and a similar vehicle was later seen parking outside Killarney railway station. Cameras showed it leaving Killarney and heading towards Gneeveguilla at around 5am on July 1.

The accident reportedly happened at around 5.15am, the court heard.

Footage was also shown from Scruffy’s Bar, Killarney, and the residents’ bar of the Eviston House Hotel, also Killarney, until 4.30am on July 1.

Inspector Foley read a text sent by the accused at 6.27pm, on June 30: “Hoz da form are u breaking out 2 nit lad.’’

In another, at 11.01pm on June 30, he texted he was just leaving now for Killarney, while a text at 11.57 said: “Scruffys is packed out lad and scotts 2 lad ul have to come back lad.’’

Three phone calls were made by the accused to a friend, Stephen Murphy, at 4.41am, 5.36am and 5.46am, on July 1.

Relying to a friend at 6.03pm, on July 1, he texted: “Grand out lad how about u lad’’, while in a text at 6.14pm, he said: “No I didn’t lad just scored lad.’’

Insp Foley also said 7,025 Toyota Land Cruisers were registered in the Republic, on July 1, 2012, including 409 coloured metallic grey cruisers in Cork, Kerry, and Limerick.

Garda Paul Holland, Bandon, a crime scenes examiner, agreed with Michael O’Higgins, defending, nine hours had elapsed before a tape was placed around the accident scene.

An Ipod, for playing music, was found in a hedge after Mr O’Leary’s body had been removed. A left earphone was found on the clothes of the deceased during an autopsy, in Tralee, and bits of plastic, which also appeared to be pieces of an earphone, were in his ear.

Garda Holland said gardaí had not asked Mr O’Leary’s family if he listened to music while cycling.

The prosecution closed its case yesterday.