Shane Fitzgerald, above, was drunk driving when he hit Paud O’Leary, who was training for the Ring of Kerry Sportive, so hard his remains were driven through a hedge.
Shane Fitzgerald had killed cyclist Paud O'Leary
A man whose son is serving a prison sentence for a hit a run that killed a cyclist has been cleared of trying to impede justice.
Dan Joe Fitzgerald (72), of Knockeen, Knockduff, Meelin, Co Cork, is the father of Shane Fitzgerald, who killed cyclist Paud O’Leary (42) five years ago.
Fitzgerald Snr was found not guilty on the direction of Judge Seán Ó Donnabháin on the third day of his trial. He had been charged with acting to impede the apprehension or prosecution of his son.
Dan Joe Fitzgerald had denied the charge, with dated back to the period July 1st to 13th, 2012.
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The prosecution argued Fitzgerald Snr helped organise and paid for transport and visas as his son prepared to leave the country for Australia after hitting and killing Paud O’Leary.
The court was told Fitzgerald Snr’s AIB Laser debit card was used to book a ferry to the UK. It was also used for a visa application and other travel documents on July 2nd and 3rd.
The card was also used to pay for a flight in July 12th to Australia.
However, the judge ruled there was no evidence Fitzgerald Snr knew the gardai wanted to speak to his son when the transactions were made on July 2nd and 3rd.
He knew from July 6th the Garda was seeking his son. But there was no evidence it was he who had used the card on July 12th to book the flight to Australia.
And there was no evidence that he knew the flight had been booked.
While his son left the country, he was later apprehended and put on trial and convicted.
Shane Fitzgerald (25), also of Upper Knockeen, Knockduff, Meelin, Newmarket, Co Cork, was convicted in 2015. He was convicted of dangerous driving causing the death of Mr O’Leary. He had denied the charge during his trial.
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Father of four Mr O’Leary died when he was hit by a vehicle. He was on a training spin at Scrahanfadda, Gneeveguilla, Co Kerry, in July 2012.
In April 2015 Judge Thomas E O’Donnell at the Circuit Criminal Court in Tralee, Co Kerry, imposed a sentence of 6½ years on Fitzgerald Jnr.
However, he suspended 18 months of the term. It meant Fitzgerald Jnr, who was 20-years-old at the time of the crime, was effectively jailed for five years.
The victim 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.
Fitzgerald Jnr drank almost all night before getting into his Landcruiser and killing Mr O’Leary. The deceased father of four 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 had driven him through the ditch by the side of the road.
The dead man’s family searched for him before finding his body at lunchtime that day. Fitzgerald Jnr made plans to travel to England the following day and then went to Australia within weeks.
He was eventually arrested in the UK as he was about to board a flight back to Australia. That followed a brief trip to England in February of 2014.
He intended to return to his job in the mining industry in Australia. But an Irish person familiar with the case saw him in Cambridge and alerted the authorities.
Fitzgerald was arrested at Heathrow Airport in London the following day. He was trying to catch his Australia-bound flight.
Fitzgerald Jnr never admitted killing Mr O’Leary in the hit and run and pleaded not guilty in court.
He also disposed of the vehicle he was driving at the time of the collision. The car still remains unaccounted for.
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