The 22-year-old Corkman Shane Fitzgerald who denies causing the death of cyclist and father of four Paudie O'Leary (42) during an alleged hit and run almost three years ago.
The trial of a 22-year-old man accused of killing a father of four out training for a sportive has been told the dead man was “driven through” a ditch by the vehicle that killed him.
Both he and his bike were thrown a considerable distance by a car that gardai believe was on the wrong side of the road.
It is further alleged that the driver of the vehicle had been drinking until 4.30am on the morning in question.
The prosecution contends the driver met cyclist Paudie O’Leary on the road less than 2km from his Kerry home after he had set off at daybreak to train for the Ring of Kerry Sportive in 2012.
Advertisement
The 42-year-old father of four died when he was hit by a vehicle while on a training spin at Scrahanfadda, Gneeveguilla, Co Kerry.
His death occurred on the morning of July 1st, 2012. He was a farmer and school caretaker and trained children in a local GAA club.
Shane Fitzgerald (22), from Upper Knockeen, Knockduff, Meelin, Newmarket, Co Cork, is charged with dangerous driving causing the death of Mr O’Leary.
Mr Fitzgerald has pleaded not guilty to the charge.
The jury for his trial was yesterday, Wednesday, sworn in before Judge Thomas O’Donnell at the Circuit Criminal Court.
Mr O'Leary had left his house just after 5am to train for the Ring of Kerry Sportive when he was struck and killed by a car the State alleges was driven by accused man Shane Fitzgerald.
Related News
The court was told by counsel for the State, Tom Rice, that the car the DPP contends was involved in the collision was never found and that Mr Fitzgerald left for the UK within 24 hours of the incident before travelling on to Australia within weeks.
Mr Rice told the court the remains of Mr O’Leary were found around six hours after the collision and only after family members concerned he had not returned from training had gone looking for him.
Outlining the State’s case to the jury at the start of what is expected to be a two week trial with over 140 witnesses, Mr Rice told the court some of the evidence would be CCTV footage of Mr Fitzgerald socialising in Killarney on the night of June 30th and into the early hours of July 1st.
He said the State was alleging the accused drove a grey Landcruiser from Newmarket to Killarney on June 30th and parked in the train station car park.
He further told the jury the CCTV would show Mr Fitzgerald going to two pubs before continuing to socialise in a hotel bar until 4.30am.
The state alleges Mr Fitzgerald then got into his car, drove it out of the car park at 5am and around 15 minutes later met Mr O’Leary on the road at the spot where his remains were found at 1.15pm that day.
The prosecution alleges Mr Fitzgerald’s vehicle was on the wrong side of the road and that after it hit Mr O’Leary and fatally drove him through a hedge, the car did not stop nor remain at the scene.
Mr Rice said tests carried out on the bike showed it had been hit by a Landcruiser and that paint taken from the victim’s remains was also linked to the debris at the scene.
He said what he was telling the court was an outline of the State's case and did not represent evidence in itself.
The case continues today, Thursday.
Topics
