A lawyer charged with dangerous driving causing the death of a motorcyclist who was on a charity run has been allowed to return to Canada by Kilkenny District Court.
James Hardy (35) of 172 Wright Avenue, Toronto, Ontario, appeared before Judge Cephas Power and was charged with the death of Ollie Heslin (42), of Castleroe, Maganey, Co Kildare on June 4th.
A car driven by Mr Hardy collided with Mr Heslin during a charity event about 4.50pm last Saturday at Blanchfield Park, in Clifden, Co Kilkenny.
Defence Barrister Sean Rafter BL informed the court that he was “waiting for direction” on the case and was liaising with the State solicitor’s office since Mr Hardy was charged.
Mr Rafter again informed the court that his client was a lawyer in Ontario and that they were “looking for a far out date” for the defendant to reappear before the court so that he could travel back to Canada.
Last week Mr Hardy was remanded in custody with consent to bail which had been opposed by gardaí. The court imposed bail conditions of the production €50,000 bond by the defendant, a €35,000 cash lodgement and a further independent surety of €50,000 which have now been met.
The accused is also to provide a phone number to the court and gardaí, be contactable at all times, he is to reside at his address in Canada but inform the Court and gardaí if he changes his address. Mr Hardy has also been ordered not to make any contact with any members of Mr Heslin’s family.
Gerald Meaney, State solicitor for Kilkenny told the court that it would be “some time” before a file on the case would be ready to be sent to the Director of Public Prosecutions (DPP) as the incident had occurred “only 10 days ago” and that there were “a lot of statements” to be examined.
Mr Hardy, whose right-arm was in a sling, did not address the court.
Judge Power said the defendant could be “excused from the court” and return to Canada as long as bail conditions are adhered to and adjourned the matter.
The case is to come before the Court on September 6th where it will be sent forward to the Circuit Criminal Court.
The court previously heard that Mr Hardy, a UK citizen, told gardaí following the fatal collision that he was not tired, drunk or on his phone when the collision occurred.
He was on a holiday of a lifetime with his girlfriend and her 94-year-old grandmother, whose lifelong ambition was to visit Ireland having lived all her life in America. They visited Cork, Dublin, Galway and Kilkenny following a wedding in the UK where his parents and brother live.
His girlfriend and her grandmother were passengers in the car when the collision occurred. Mr Hardy told the court what happened was tragic and he extended his condolences to the dead man’s family.
Garda Joseph Reville said he had made a cursory inspection of Mr Hardy’s phone, which he had surrendered to gardaí, and Mr Hardy had not been using it at the time of the crash while a roadside breath test had shown he was not intoxicated.
The court was informed that Mr Hardy was travelling from Kilkenny to Paulstown when the collision occurred. There was a car stationary on the road, waiting to turn right. Coming towards them, on the other side of the road, was a cavalcade of motorcycles taking part in a charity event.
Garda Reville said Mr Hardy was driving a black Skoda Fabia on the R712 when it was in collision with a Kawasaki motorcycle. The driver of the motorcycle sustained “catastrophic injuries” and died at the scene.
He said he had collected numerous witness statements, and the case would include a forensic scene examination report, allegations of excess speed and overtaking on the incorrect side of the road.
Mr Heslin, a manager with security firm Netwatch, was cremated following his Funeral Mass last Thursday.