Inspector Fergal Foley testified he formally arrested Dan Joe Fitzgerald at the courthouse at Washington Street at 10.30am yesterday.
The accused, who was named on the charge sheet as Daniel Fitzgerald of Knockeen, Meelin, Newmarket, Co Cork, was remanded on bail to appear in Cork District Court again on December 15.
Inspector Foley said the Director of Public Prosecution had directed trial on indictment and that time was needed for preparation of a book of evidence.
The charge states that on an unknown date between July 1 and 13, 2012, when another person namely 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.
Insp Foley said the Director of Public Prosecutions had directed that the prosecution of the charge of impeding the case against his son should be dealt with by indictment at Cork Circuit Criminal Court. He said consent had also been given on for a signed plea of guilty to be entered should that arise.
Shane Collins-Daly solicitor said the accused was a pensioner receiving €225 per week and was applying for free legal aid. A written declaration of his means was submitted to the court.
In respect of the application for free legal aid, Insp Foley said of Daniel Fitzgerald: “He is actively involved in importing machinery from the UK and selling it.”
Judge Leo Malone asked if the pensioner was still involved in that business activity and Insp Foley replied, “He was until recently.” Judge Malone said he would reserve the decision on free legal aid.
The late Paudie O’Leary was out on an early morning 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.