The late Joe Drennan, of Knocknagad, Mountrath, Co. Laois
A JUDGE has refused bail in the case of a young man who is charged with dangerous driving causing the death of 21-year-old student Joe Drennan in Limerick last October.
Kieran Fogarty, aged 20, of Hyde Avenue, Ballinacurra Weston appeared before Judge Carol Anne Coolican at Limerick District Court this Tuesday.
Detective Garda Oliver Gee gave evidence of charging Mr Fogarty with three offences - dangerous driving causing death, driving without insurance and driving without a driving licence - at Dublin Road, Limerick on Friday, October 13, 2023.
Darach McCarthy, solicitor for Mr Fogarty, made a bail application on behalf of his client.
Sergeant Aisling O’Neill, prosecuting, said the State was objecting to bail.
Detective Garda Shane O’Neill, who formally objected under Section 2 of the Bail Act and the O’Callaghan Rules, outlined the nature and seriousness of the alleged offences.
Det Garda O’Neill alleged Mr Fogarty drove in a “reckless and dangerous manner” and overtook a garda vehicle which followed at a safe distance on the night of Friday, October 13, 2023.
Det Garda O’Neill alleged Mr Fogarty was the driver of a black BMW that drove through a red light at the junction of Dublin Road and Milford Road.
He said it is the State case that the BMW then collided with a Volkswagen Golf with such force that a wheel became detached and injured the driver (of the Golf).
“He lost control of the vehicle, mounted the footpath where the bus stop was located. Mr Drennan was waiting at the bus stop when he was struck. He (Mr Fogarty) ran across the road into a driveway. He failed to remain at the scene or give assistance,” alleged the detective.
The detective told the court it is the prosecution case that there is strong forensic and electronic evidence to support the allegations against the defendant.
In objecting to bail, Det Garda O’Neill said he believes the accused is “a danger to the community” and he expressed concerns about Mr Fogarty leaving the jurisdiction.
Referring to allegations that his client made no effort to contact emergency services or lend assistance on the night, Mr McCarthy put it to Det Garda O’Neill that Mr Fogarty was not aware Mr Drennan was there.
Det Garda O’Neill said he accepted he may not have been aware due to the damage which was caused.
Mr McCarthy said Mr Fogarty is welcome in his family home on Hyde Avenue, Ballinacurra Weston and that he has a partner who is due to give birth in June.
He added that his client is willing to honour the strictest of bail conditions.
Judge Carol Anne Coolican said Mr Fogarty is entitled to the presumption of innocence and that she had listened carefully to the evidence.
Having considered the garda objection, she said she was satisfied with the fears of the State that Mr Fogarty would continue to engage in behaviour which has brought him before the court and she formally refused bail.
Mr Fogarty was remanded in custody and the case was adjourned until Tuesday, January 23, when he is due to appear via video-link.
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