Three years in jail for perverting the course of justice following fatal hit and run

A man, who admitted his part in a fatal hit and run, has been handed a four-year jail term, with the final year suspended.

Evaldas Gailiunas (40) of 44 Lismeen Hills, Ballyjamesduff, told gardaí he thought he had hit a large black bin in the middle of the road or a “big boar”, before doubling back to check and then driving off.

The extraordinary lengths to which Gailiunas went in trying to get his car fixed after it was involved in a fatal road traffic collision that claimed the life of local man Frank Nulty (57) were outlined before Cavan Circuit Court last month.

Kevin Pritchard, Mr Nulty’s nephew, said the death had cast a dark shadow over his family, and they felt “robbed” of the legal process and justice for Frank as a result of the defendant’s actions after the accident.

What makes the tragedy all the more painful, the family say, is that the driver “did not stop” to help Mr Nulty.

Gailiunas was driving with a friend to Dublin Airport late on August 18, 2022, to collect his passenger’s brother when his blue Mazda 6 saloon was involved in the fatal road traffic collision.

Mr Nulty, who had been in Virginia Town that evening socialising, had just got off the bus at New Inns, Ballyjamesduff, and was only a short distance from home.

His body was not found until passers-by noticed it the following morning.

He died from “multiple traumatic injuries” the court heard, and admittedly Mr Nulty had been wearing dark clothing.

Dad of two Gailiunas pleaded guilty last November to perverting the course of justice by moving his vehicle (reg 151-G-6239) with the intention of having it repaired, thereby destroying evidence before fleeing the jurisdiction, between the dates of August 18 and September 6, 2022.

It was noted to court that Gailiunas was not charged with causing Mr Nulty’s death.

As part of their investigation, gardaí collected debris from the scene and brought the parts to a Mazda dealership, which confirmed they were from a navy coloured or dark blue Mazda 6 saloon.

Gardaí launched a media campaign to track the whereabouts of such a car. They received word that neither the defendant nor his vehicle, which matched the description given, had been seen in several days.

The authorities subsequently discovered that Gailiunas had fled the jurisdiction on August 25.

The media appeal, meanwhile, prompted the appearance of a man to the desk at Ballyconnell Garda Station on August 30, who informed officers there that he had the defendant’s car in a garage lock-up located in Northern Ireland.

The vehicle was seized the following day and taken to Virginia where “extensive damage” to the front passenger side was evident.

After direct contact by gardaí, Gailiunas returned to Ireland via East Midlands Airport and was arrested at Dublin Airport on September 6. He was taken to Bailieborough Garda Station for questioning.

In total six interviews took place, with a seventh on a later date.

“Something hit and seen mirror was gone,” said Gailiunas who at first denied there had been a passenger in the car with him, but that there was a person following behind.

From Gailiunas’s admissions gardaí learned that, after the incident, the defendant and his passenger drove to the recycling area next to Lavey GFC’s football pitch to “inspect the damage”. The passenger had his own car parked there, and the men then concealed Gailiunas’ vehicle at Kiernan’s Piggery. Gailiunas was familiar with the location having worked there before.

They then travelled in the passenger’s BMW back to Gailiunas’ house, and the defendant returned with his girlfriend an hour later to get his car. Gailiunas drove the damaged car across the N3 and through Ballyjamesduff to a vehicle repair shop at Drumora.

The following day Gailiunas contacted the garage owner to tell him he needed his car repaired. However, the man replied that he was out of the country on holidays.

Gailiunas returned to the garage with his passenger friend the next day to inspect the car in daylight and “alternative” arrangements to get the damage fixed were made. This involved contacting a man named Bogdan Povs who told Gailiunas he could get someone to fix the car but it required him getting the car to Belturbet.

On the Saturday, August 20, the defendant brought his car to Belturbet via “backroads” confirmed Det O’Connor.

“He was nervous driving in case the guards stopped him,” stated Det O’Connor, who said the car was left in Belturbet overnight.

On Sunday Gailiunas was contacted to say he needed to bring the car to Derrylin. It was then taken outside of the jurisdiction. Det O’Connor said Gailiunas never brought his car back to his home.

It was discovered subsequently that the defendant had arranged to have the log book posted with a new registered owner name and an address he got on the opposite side of the country off “Google Maps”.

When obtained, Gailiunas wrote that the vehicle had been sold on August 17, the day before the accident, to a male living in Cork.

Before leaving the jurisdiction himself, Gailiunas stayed over in Cavan Town on August 24, and then got the airport bus to Dublin. The friend he stayed with unwittingly posted the log book off.

The passenger in Gailiunas’s car, named in court as Andreas Sakovics, has never made himself “amenable” to gardaí in relation to their investigation into Mr Nulty’s death. He is believed to be “at large” and residing outside the jurisdiction.

Gailiunas was said to be “unaware” he had hit a person, and only found out about Mr Nulty’s death from an Anglo-Celt Facebook post the following Saturday.

Regarding the log book, he told gardaí he wanted to “put car in location far away”.

Gailiunas was driving with no insurance on the night either, for which he was fined €300 at Cavan District Court in February 2024. The policy had ceased in January after payments lapsed.

It was his second such conviction, the other picked up in 2011.

Gailiunas, who has been living and working in Ireland for the best part of the past 20 years, was represented in court by Tom Fitzpatrick BL, instructed by solicitor Niall Fox.

In cross-examination it was established that gardaí made contact with Gailiunas over Whatsapp following his girlfriend’s intervention.

There was admissions then, including Gailiunas saying he “can’t live with this my whole life”.

“He did initially withhold information on his co-accused but by the end he gave a full account of their movements,” Mr Fitzpatrick said of his client, reminding that Gailiunas has never faced charges in relation to his driving on the night.

There were no defects found on the vehicle, and Mr Fitzpatrick asked the witness if Gailiunas had remained at the scene would he have been charged with anything other than no insurance given the full context of the situation. “I can’t say,” stated Det O’Connor.

Apology

A letter written and signed by Gailiunas was read out to the court by Mr Fitzpatrick.

It was directed to Mr Nulty’s family members. “I am so sorry for what happened on that night,” it opened.

“I am so sorry that he died. It was a terrible accident. I am sorry for the role I played in the aftermath and regret my actions. I am truly sorry for any distress I caused to the Nulty family members.”

Mr Fitzpatrick said his client accepts he is “responsible for the death of Mr Nulty” even though he is not being held criminally liable.

A number of character references were handed into court, and a probation report found Gailiunas to be at “low risk” of reoffending. He is suitable to work a period of community service.

Judge Aylmer said a “troubling aspect” of the case was whether Mr Nulty died on impact following the collision or whether he lay there injured for several hours.

A coroner’s report was available but not opened to the court until the judge raised the point.

Monica Lawlor, BL for the prosecution, instructed by State Solicitor Rory Hayden, informed that there was “no evidence of a second impact” having taken place. The “impact” to Mr Nulty was “predominantly” to the left-hand side of his body, and she stated that the finding indicated “a number of the injuries were independently fatal”.

“Multiple traumatic injuries was the cause of death.”

Judge Aylmer said it was an “unusual set of circumstances”, and this mirrored the offence with which the defendant is charged - one contrary to Common Law.

“I need time to consider it,” he said of sentencing, adjourning the case to Monaghan Circuit Court.

Today (Wednesday), Judge Aylmer delivered his sentence of four years, with the final year suspended.

More to follow.