Delay to trial of father of killer driver

The garda file in the case against a man charged with impeding the prosecution of his son for dangerous driving causing death is complex and runs to 10 volumes, it emerged yesterday.

Inspector Fergal Foley said this by way of explanation as to why the book of evidence was not ready to be served on the accused yesterday at Cork District Court.

Daniel Fitzgerald, aged 71, of Knockeen, Meelin, Newmarket, Co Cork, was remanded on bail to appear again at Cork District Court on February 8 next, to allow time for preparation and service of a book of evidence.

“I have personal knowledge of this investigation and the garda file extends to 10 volumes, it is very complex,” Insp Foley said.

Defence solicitor Shane Collins-Daly said that the next sessions of Cork Circuit Criminal Court were due to set in February and the defendant and his legal representatives would need time.

Mr Collins-Daly said that if the book of evidence was going to be as large as the inspector indicated, then the defence would need time to go through the documents to prepare a defence.

Insp Foley said that, from his knowledge of the case and due to the need to notify witnesses, there would be no possibility of the case going ahead in February. It would be some time later in the year before it would be ready for trial, he said. In those circumstances, Mr Collins-Daly said there was no defence objection to the case going back to February.

The charge states that, on a date between July 1 and 13, 2012, with Shane Fitzgerald having committed the offence of dangerous driving causing the death of Paudie O’Leary on July 1, 2012, at Scrahanafadda, Gneeveguilla, Co Kerry, of which he was later convicted, that Daniel Fitzgerald, believing Shane Fitzerald to be guilty, impeded the apprehension or prosecution of Shane Fitzgerald.

Mr Collins-Daly again applied for free legal aid and said the accused was a pensioner receiving €225 per week.

In respect of the application for free legal aid, Inspector Foley said it was not his place to object to the granting of free legal aid but he said he had an obligation to bring certain matters to the attention of the court. The defendant was allegedly actively involved in importing machinery from the UK and selling it, the inspector said.

Mr Collins-Daly said he was instructed to make the application for free legal aid and said a written declaration had been submitted. He said that if free legal aid was granted, the State could take whatever steps it wanted at another time.

Judge Marie Keane reserved the decision on whether or not to grant free legal aid and adjourned the case until February 8 for service of a book of evidence.

She said all of the evidence on assets and income and the necessary documentation should be in court by then.

The late Mr O’Leary was out on an early-morning training cycle for the Ring of Kerry charity cycle when he was knocked off his bike and died. The married man with a young family was a native of Gneeeveguilla.