# Body of cyclist in hit-and-run was ‘driven’ through hedge



## classic33 (1 Mar 2015)

Cyclist driven through a hedge
_"The body of a long-distance cyclist who had gone on out early in July 2012 to train for the annual Ring of Kerry charity cycle was found six hours later in a ditch alongside his bicycle after being “driven” through a hedgerow on the Gneeveguilla to Killarney road, a trial was told yesterday._

_Both cyclist and bicycle had been thrown some distance. The vehicle had failed to remain at the scene._

_A 22-year-old man who, it is claimed, had been socialising in Killarney until the early hours in the residents’ bar of a hotel, and drove a Toyota Land Cruiser , has gone on trial at the Circuit Criminal Court in Tralee charged with dangerous driving causing death of 42-year-old father of four Paudie O’Leary, from Gneeveguilla._

_When arraigned yesterday, Shane Fitzgerald (22) of Knockeen, Knockduff, Meelin,Newmarket, Co Cork, replied “not guilty” to the charge of dangerous driving causing the death of Paudie O’Leary (42), at Scrahanfadda, Gneeveguilla on July 1st, 2012._

_Mr Fitzgerald is represented by Senior Counsel Michael O’Higgins and by junior counsel Brian McInerney._

_The case is expected to take three weeks and “in excess” of 140 prosecution witnesses will be called, Tom Rice, for the DP, prosecuting, outlined to the jury panel._

_Mr Rice in his outline to the jury panel said “the prosecution will allege “ that a dark grey vehicle, a Toyota Land Cruiser, “ was involved in a collision with a bicycle at 5.15 am on the morning of July 1st 2012 and that Paudie O’Leary died as a result._

_“The vehicle did not stop and the accused did not remain at the scene, Mr Rice continued._

_“The prosecution say it was the accused vehicle and the accused was driving,” Mr Rice said._

_When the trial opened, Mr Rice said he wished to provide a framework of the prosecution case. This framework was not evidence, he cautioned, but simply “a guide” to what the prosecution must prove. Much of the case was based on circumstantial evidence, he also said._

_Shane Fitzgerald was the registered owner of a dark grey Toyota Land cruiser and “the first important strand” would involve tracing the movements of the accused._

_CCTV from along the route from Killarney to and Ballydesmond would be shown and there would also be CCTV evidence of Shane Fitzgerald socialising._

_The accused had travelled from Newmarket to Killarney on June, 30th. He had parked his car at the Railway station in Killarney._

_He had visited popular licensed premises in Killarney alcohol was being consumed, and he continued socialising in the residents’ bar of a hotel until 4.30 am when he returned to his car._

_At 5am he headed out of the railway station car park._

_Paudie O’Leary was “a long distance cyclist” who would think nothing of cycling 10 miles from his home near Gneeveguilla to Killarney and back again, Mr Rice said._

_He had been training for the 112-mile Ring of Kerry Cycle ._

_By mid-morning when he had not returned, his family became concerned and a search was organised. At 1.15pm his bicycle was spotted by searchers in a deep hedgerow at Scrahanfadda and first responders were called._

_The bicycle had been “driven through the hedge into the ditch”; and the corpse of the unfortunate Mr O’Leary was adjacent to his bike._

_“The car had not remained at the scene,” Mr Rice said. “Both bicycle and cyclist had been thrown some distance”._

_Scientific evidence collected from the scene and analysed would show a connection between a Toyota Land Cruiser and the bicycle, the court heard, and that the right hand side of the bike and the right front of the Land Cruiser had impacted._

_Paint taken from the body of the dead Mr O’Leary and from his hair at autopsy was also connected with debris from the scene, evidence would be presented._

_The forensic collision investigator James O’Brien will give evidence that the point of impact was in the Killarney bound lane, Mr Rice continued._

_Evidence would be given that “the deceased was on his correct side of the road and the driver of the Land Cruiser was on his incorrect side,” Mr Rice said._

_Gardai had never found the vehicle and despite thorough efforts “they could not find it,” Mr Rice said. But this in itself was not without evidential value, he said._

_The “demeanour of the accused” in the days after the accident would be a further strand: He had gone to the UK within 24 hours, and within weeks he had flown to Australia, the prosecutor claimed._

_The witness list read to the jury panel, included several family members, residing at Gneeveguilla, several people from Rathore, Gneeveguilla, and Ballydesmond._

_Staff from a number of public houses in Killarney are also to be called, along with hotels, fast food outlets, and a representative from the cinema in Killarney._

_Names of staff members of ferry companies including Stena, P&O, and Irish Ferrieswere also read from the list as well as staff members from World Wide Flights._

_Staff from An Post, the AIB and the motor vehicle registration and motor taxation offices are to be called._

_Other names from phone companies, Meteor, Eircom, O2, Telefonica, and Vodafone are to be were read from the prosecution witness list also._

_Dozens of garda witnesses from Cork, Bandon, Kanturk, Killarney, Meelin and Rathmore garda stations along with the region’s public service vehicle inspector._

_The trial presided over by Judge Thomas E O’Donnell continues."_

Within 24 hours of it happening he was in the UK, having left Ireland. Within weeks he was in Australia


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## Accy cyclist (2 Mar 2015)

Why a three week trial? The above evidence should nail the @#'t in half a day!


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## mr_cellophane (2 Mar 2015)

Accy cyclist said:


> Why a three week trial? The above evidence should nail the @#'t in half a day!


No direct evidence, so the more circumstantial, the better.


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## classic33 (2 Mar 2015)

Accy cyclist said:


> Why a three week trial? The above evidence should nail the @#'t in half a day!


They have as yet been unable to locate the vehicle he was driving.
The weapon used.


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## jefmcg (2 Mar 2015)

classic33 said:


> The vehicle had failed to remain at the scene.


That's the most extreme version of the bizarre passive voice they use in collision reporting


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## classic33 (21 Mar 2015)

Guilty
Verdict
_"Shane Fitzgerald was remanded on bail for sentencing on April 22.

He has no previous convictions and the *maximum sentence is ten years*.

Mr O'Leary had set out at around 5am on the morning of his death, the trial was told, and his body was not discovered until eight hours after the accident as it had been driven through a hedge and onto a dyke.

Judge Thomas E O’Donnell told the jury of seven men and four women they could return three possible verdicts: guilty or not guilty of the charge of dangerous driving causing death - or guilty of the lesser charge of careless driving causing death.

The vehicle involved in the crash, identified as a dark grey Toyota Land Cruiser had never been found. Mr FItzgerald owned such a vehicle."_


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## Ganymede (21 Mar 2015)

classic33 said:


> Guilty
> Verdict
> _"Shane Fitzgerald was remanded on bail for sentencing on April 22.
> 
> ...


Thanks for this classic, alas second link is not valid. Good to know he's going down, I wonder for how long. What a....


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## classic33 (21 Mar 2015)

Ganymede said:


> Thanks for this classic, alas second link is not valid. Good to know he's going down, I wonder for how long. What a....


22nd of April for that to be decided. Currently in Portlaoise Prison, until then.


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## classic33 (21 Mar 2015)

Second link
http://www.irishmirror.ie/news/irish-news/crime/man-23-found-guilty-dangerous-537180'


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## Ganymede (21 Mar 2015)

classic33 said:


> Second link
> http://www.irishmirror.ie/news/irish-news/crime/man-23-found-guilty-dangerous-537180'


Hmm, link works but as before the page says not found..?

Glad he's in the nick for now. Massive flight risk of course but also keeps him off the road.


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## classic33 (21 Mar 2015)

Ganymede said:


> Hmm, link works but as before the page says not found..?
> 
> Glad he's in the nick for now. Massive flight risk of course but also keeps him off the road.


Might have been removed.
He's flown once to Australia, where he was arrested and brought back from.
Piece under Verdict is from the article itself. Be hitting the news stands any time now.


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## david k (21 Mar 2015)

Has he given an explanation of why the car cannot be found?


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## Ganymede (21 Mar 2015)

david k said:


> Has he given an explanation of why the car cannot be found?


I want to know that too!


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## Pale Rider (21 Mar 2015)

Ganymede said:


> Hmm, link works but as before the page says not found..?
> 
> Glad he's in the nick for now. Massive flight risk of course but also keeps him off the road.



It appears he may not be in the nick.

Before the trial, he was arrested on a warrant in London, locked up, then granted bail.

From the press reports of the trial I have read, he has been 'remanded on bail' ie released, pending sentence.

Seems a curious decision, given his absconding history and the likelihood of immediate custody.

But as with all these cases, unless you were in court, you won't have heard the full story.

http://www.irishexaminer.com/ireland/man-found-guilty-in-kerry-hit-and-run-case-319725.html


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## Ganymede (21 Mar 2015)

Pale Rider said:


> It appears he may not be in the nick.
> 
> Before the trial, he was arrested on a warrant in London, locked up, then granted bail.
> 
> ...


Good link, thanks. So he "sold the car". I bet the polis are pleased to get him after having to find him and extradite him. After all that expense and effort I expect the judge won't be looking kindly on him either. But as you say, only those present know all the facts...


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## BigAl68 (21 Mar 2015)

It seems he has been found guilty and now awaiting sentencing. Let's hope he gets the full 10 years.


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## Pale Rider (21 Mar 2015)

Ganymede said:


> Good link, thanks. So he "sold the car". I bet the polis are pleased to get him after having to find him and extradite him. After all that expense and effort I expect the judge won't be looking kindly on him either. But as you say, only those present know all the facts...



He has been found guilty of the more serious charge - death by dangerous - so in that respect the jury has given the judge plenty of bullets to fire at sentencing, should he choose to do so.

There's a danger of trying to read too much into the decision to renew bail, but I'm afraid were the judge planning to really spank him, he would have locked him up immediately.

It should still be prison, but the length of sentence could be underwhelming.


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## glenn forger (23 Apr 2015)

http://www.irishtimes.com/news/crim...ntence-for-causing-death-of-cyclist-1.2186428


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## glasgowcyclist (23 Apr 2015)

glenn forger said:


> http://www.irishtimes.com/news/crim...ntence-for-causing-death-of-cyclist-1.2186428



This bit is particularly impressive:

_'Complimenting the gardaí in the investigation, Judge O’Donnell said there was an exceptional amount of police work involved “locally, nationally and internationally”.
He paid particular tribute to Sgt David Leslie for the manner in which he “harvested” CCTV footage ( over 830 hours in 80 locations) .'_​

There are a few police areas in the UK that could learn something from Sgt Leslie and his colleagues..

GC


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## Drago (23 Apr 2015)

They don't have to contend with the Criminal Protection Service. Lucky sods.


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## glenn forger (23 Apr 2015)

Thought he'd got away with it and was recognised in Cambridge, what are the odds? Nicked at Heathrow when he turned up for his flight out.


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## glenn forger (23 Apr 2015)

They must have either put a mark on his passport or scanned flight lists. He rolls up with his hand luggage and Johnny Law's hand falls on his shoulder.


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## classic33 (23 Apr 2015)

glenn forger said:


> They must have either put a mark on his passport or scanned flight lists. He rolls up with his hand luggage and Johnny Law's hand falls on his shoulder.


His passport was removed/surrendered when he was returned to Ireland.
No passport required for surface travel between the two countries though.


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## glenn forger (23 Apr 2015)

He was arrested in February of 2014 at Heathrow Airport – he had been in the UK and was returning to Australia but was spotted by an Irish citizen in Cambridge previous day.


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## classic33 (27 Apr 2015)

Ganymede said:


> Good link, thanks. So he "sold the car". I bet the polis are pleased to get him after having to find him and extradite him. After all that expense and effort I expect the judge won't be looking kindly on him either. But as you say, only those present know all the facts...





Ganymede said:


> I want to know that too!


_"Shane Fitzgerald said he left Ireland for the UK by ferry in his other vehicle, a Volkswagen Passat.
Before travelling onto Australia, the accused said he travelled to Leeds to a car auction, where he arranged to get his Toyota Landcruiser shipped to the UK where he sold it to a man."_
From the interview with the Australian Federal Agent.

Leeds via Rosslare & Pembroke isn't the shortest way to London.


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## classic33 (28 Apr 2015)

*Paud O'Leary's widow: 'To kill a man and then get on a plane and look after yourself... It's cowardly behaviour'*
Widow speaks out.


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## classic33 (20 Feb 2018)

*Closure?*

The High Court in Cork has awarded €900,000 to the family of a 42-year-old man who was fatally injured while training for a charity cycle in Kerry in aid of people with Down Syndrome.

Paud O’Leary was out on an early morning training cycle for the 112-mile Ring of Kerry charity race when he was struck by a Toyota Landcruiser and fatally injured at Scrahan Fada, Gneeveguilla, near Killarney on 1 July 2012.

The married father-of-four was a native of Gneeveguilla. His four children were aged 14,12, nine and seven at the time of his death.

One of his daughters has Down Syndrome and the court was told that after a recent setback she was not living as independently as she had been.

Mr Justice Michael Hanna approved the settlement offer entirely on the terms recommended by counsel with the exception of one amendment, a direct payment of over €2,000.

Judge Hanna told Mr O'Leary's widow Margaret, and eldest daughter, Shannon, a student in UCC, that this would be towards "something in the nature of a family holiday to remember happy times. What happened was an appalling tragedy but it is important to remember happy times too."

In April 2015, a six-and-a-half-year prison sentence was imposed on a young man for dangerous driving causing the death of Mr O'Leary.

Shane Fitzgerald, of Knockeen, Meelin, Newmarket in Co Cork, had denied the charge of dangerous driving causing death. 

The court had heard that the collision between Mr Fitzgerald's Toyota Landcruiser, and Mr O'Leary had blown the deceased and his bike off the road so much that both were found some distance behind a hedge.

Mr Fitzgerald left the scene but was arrested in February 2014 at Heathrow Airport after he was spotted in the UK en route back to Australia where he had been living.

*https://www.rte.ie/news/courts/2018/0116/933840-oleary-award/*


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## straas (2 Mar 2018)

What a horrible coward.


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