Cork man who drove man from house where another man later lost life avoids jail

A Cork-based man who impeded a murder investigation by driving a man from a house where another man later lost his life after a "violent assault" has avoided jail.

Thomas Fitchett (34), of The Moorings, Skibbereen, County Cork had pleaded guilty to a charge under Section 7(2) of the Criminal Law Act 1997 of knowing or believing that another person not before the court had committed an arrestable offence, to wit the murder of Jonathan Ustic, and that without reasonable excuse had intentionally impeded that other person’s apprehension or prosecution.

Evidence was given at the sentence hearing that father-of-one Mr Ustic (51) was left in a house at High Street, Skibbereen, and Fitchett had driven another man from the house at 10.29pm on September 24, 2017.

When asked by Ms Justice Eileen Creedon at the hearing what Fitchett’s understanding was in relation to Mr Ustic’s condition when he drove away from the area, Detective Sergeant Kevin Long said the defendant had knowledge of him being the victim of a serious assault. 

“At that High Street address there was some blood at the scene. He (Mr Ustic) had received injuries. Mr Fitchett’s understanding at that stage was that he was not dead at the particular time,” Det Sgt Long said. However, Det Sgt Long said Fitchett would have known that Mr Ustic had been the victim of a serious assault when he drove the other man away from the house in Skibbereen.

Involved in a road crash 

Det Sgt Long said that half an hour later, Fitchett was in a serious head-on car crash near Dunmanway, in which he was seriously injured himself. The other man, who was a passenger in the car, fled the scene. Gardaí then became aware that Mr Ustic was deceased in the house at High Street, Skibbereen. He had lost his life as a result of injuries received in a serious assault.

Fitchett, who was the driver of the car, was later prosecuted for dangerous driving and drink-driving, a case which was dealt with previously at district court level.

Sentencing Fitchett at the Central Criminal Court on Monday, Ms Justice Creedon said that the defendant and his partner had been socialising when they had a "chance encounter" with an old acquaintance of the accused man.

CCTV footage, she said, had captured Fitchett and his acquaintance carrying Mr Ustic back to a house before the defendant and his acquaintance had left to drive to Dunmanway.

The judge said that the detective had confirmed that when Fitchett and his acquaintance had left Mr Ustic, it was not the defendant's understanding that the victim was deceased.

Judge's remarks

Before delivering the sentence, Ms Justice Creedon said that gardaí were satisfied that Fitchett had no involvement in Mr Ustic's death and that he had driven his acquaintance from the scene. 

"Mr Fitchett would not have known when driving from the scene that he was deceased. 

"He was intoxicated and unsurprisingly was involved in a collision," stressed the judge. Referring to the probation report, the judge said the defendant had maintained his position that he had not harmed the deceased. 

"He was present for most of the assault and regrets his inaction," she said, adding that he was at moderate risk of reoffending in the next 12 months.

Passing sentence, the judge said that Mr Ustic had lost his life from injuries received in a serious and violent assault. Evidence was also given at the sentence hearing that the defendant may have felt under duress, she added.

Having regard to the gravity of the offence, the judge set a headline sentence of three years. In mitigation, the judge noted Fitchett's guilty plea, that he had taken responsibility for the prosecution arising out of the collision, that he has no relevant previous convictions, that he had a good work history and had expressed his regret.

She imposed a two-year sentence fully suspended for two years on condition he keep the peace and be of good behaviour.