Free legal aid bill of €70k for hit-and-run defence

Legal costs, paid for by the State, associated with the 14-day trial of a 23-year-old man who denied killing a father of four who had been training for the annual Ring of Kerry charity cycle in July 2012 have amounted to just under €70,000.

The figures were released under Freedom of Information requests to the Department of Justice, which is responsible for legal aid, and to the Director of Public Prosecutions, which pays for the prosecution lawyers.

Prosecution witness costs are paid for by the gardaí. However, the Garda costs of witnesses, including an Australian Federal Agent who was brought to Tralee to testify at the Circuit Criminal Court, are not being released by the gardaí – the finance division of An Garda Síochána do not usually release this information, the garda press office said.

Shane Fitzgerald of Knockeen, Meelin, Newmarket, in Cork, had denied the charge of dangerous driving causing the death of Paudie O’Leary, aged 42, at Scrahan Fada, Gneeveguilla, near Killarney on July 1, 2012

The 50 witnesses in the 14-day trial included a member of the Australian federal police who interviewed Shane Fitzgerald in Australia.

More than 3.5 hours of silent CCTV footage including of Fitzgerald drinking heavily before getting into his vehicle was shown to the jury.

Complimenting the gardaí on the investigation, Judge Thomas E O’Donnell said there was an exceptional amount of police work “locally, nationally and internationally”.

More than 830 hours of CCTV footage in 80 locations was gathered by the gardaí and 500 statements taken in an extensive investigation, the trial was told. There was complex legal argument, ex jury, by senior defence counsel, Michael O’Higgins, and prosecuting counsel, Tom Rice.

Mr Fitzgerald left the scene and went to Australia. He was arrested in February 2014 at Heathrow Airport when he visited Britain.

He did not give evidence and no defence evidence was called. The jury of 11 people returned a unanimous guilty verdict after deliberating for three hours.

Mr Fitzgerald was given a six-and-a half year sentence, with one year suspended. The legal costs of a solicitor, Junior Counsel and Senior Counsel under the Criminal Legal Aid Scheme were paid for Mr Fitzgerald by the Department of Justice and Equality.

Under the Criminal Legal Aid Scheme, Mr Fitzgerald’s legal team were paid €37,217 plus Vat at 23%. The breakdown of the legal aid costs of the trial provided by the Department of Justice is: Shane Collins Daly, solicitor €9,845 plus Vat; Brian McInerney, junior counsel, €11,997 plus Vat; Michael O’Higgins, senior counsel, €15,375 plus Vat.

The Office of the Director of Prosecutions, which met the legal end of the prosecution cost, detailed its costs as: Tom Rice, BL (prosecutor at the trial) €15,387; Edward Sullivan, State Solicitor, €5,822.