Saturday 10 December 2016

Elderly father charged with impeding prosecution

Published 19/11/2016 | 02:30

'Machinery dealer Daniel Fitzgerald (71) appeared before Cork District Court charged in relation to the Garda investigation into the death of father-of-four Paudie O'Leary (42) at Scrahanfada outside Gneeveguilla, Co Kerry' (stock photo)
'Machinery dealer Daniel Fitzgerald (71) appeared before Cork District Court charged in relation to the Garda investigation into the death of father-of-four Paudie O'Leary (42) at Scrahanfada outside Gneeveguilla, Co Kerry' (stock photo)

The elderly father of a man jailed for dangerous driving causing the death of a charity cyclist has been charged with attempting to impede a prosecution.

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Machinery dealer Daniel Fitzgerald (71) appeared before Cork District Court charged in relation to the Garda investigation into the death of father-of-four Paudie O'Leary (42) at Scrahanfada outside Gneeveguilla, Co Kerry.

Mr O'Leary died after being struck while out cycling on July 1, 2012.

The vehicle involved, a Toyota Landcruiser, left the scene.

Shane Fitzgerald (23), the son of Daniel Fitzgerald, was jailed for five years after being convicted before the Circuit Criminal Court in 2015 of dangerous driving causing death.

Gardaí never recovered his jeep.

Judge Thomas E O'Donnell, in jailing Shane Fitzgerald, said the impact "blew Mr O'Leary off the road".

His father, Daniel Fitzgerald of Knockeen, Meelin, Newmarket, Cork was charged with attempting to impede a prosecution.

He is charged that, contrary to Section 7 (2) and (4) of the Criminal Justice Amendment Act, 2009 he: "knowing or believing that the said person (Shane Fitzgerald) to be guilty of the said offence (dangerous driving causing death) or some other arrestable offence did without reasonable excuse act with intent to impede the apprehension or prosecution of the said person."

Irish Independent

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