Shane Fitzgerald, above, has been convicted of the hit and run death and now his father is charged with attempting to impede that prosecution.
A pensioner has been charged with attempting to impede the prosecution of his son who caused the death of a cyclist in a hit and run in Kerry.
Dan Joe Fitzgerald (71) was charged today with trying to impede the prosecution of his son Shane Fitzgerald for causing the death of Paud O’Leary in July, 2012.
Mr Fitzgerald Snr, with an address at Upper Knockeen, Meelin, Newmarket, Co Cork, appeared today, Friday, before Cork District Court.
He is charged under Section 7 (2) of the Criminal Law Act, with the alleged offence of impeding his son’s prosecution claimed to have taken place at a place unknown between July 1st and 13th, 2012.
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How exactly he is alleged to have tried to impede the prosecution was not set out on court though the accused man has been remanded on bail to appear before the court again on December 15th next.
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Shane Fitzgerald (24), also of Upper Knockeen, Knockduff, Meelin, Newmarket, Co Cork, was convicted last year of dangerous driving causing the death of Mr O’Leary. He had denied the charge during his trial.
Father of four Mr O’Leary died when he was hit by a vehicle while on a training spin at Scrahanfadda, Gneeveguilla, Co Kerry.
In April last year Judge Thomas E O’Donnell at the Circuit Criminal Court in Tralee, Co Kerry, imposed a sentence of 6½ years on Fitzgerald.
However, he suspended 18 months of the term meaning Fitzgerald, who was 20-years-old at the time of the crime, was effectively jailed for five years.
Fitzgerald drank almost all night before getting into his Landcruiser and killing Mr O’Leary, who had left home at dawn to train in the early hours.
He was killed less than 2km from his house as his wife and four young children slept.
The convicted man then left Mr O’Leary in a field; the impact of the collision having driven him through the ditch by the side of the road.
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