Family feels ‘robbed’ of legal process following hit and run
Sentencing adjourned to next term
The extraordinary lengths to which a man 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, were outlined before Cavan Circuit Court last week.
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.
Reading a victim impact statement on behalf of Mr Nulty’s sister, Geraldine, Mr Pritchard said “no words can truly describe the heartbreak” the wider Nulty family has endured since his death almost three years ago.
Mr Nulty was more than just a brother and uncle, he was a “friend, our support, a cherished member of our family”.
Aged 57 the Kyte factory worker “still had so much life left in him. His absence has left an irreplaceable void. Every day we struggle with the reality that we will never see his smile again, never hear his laughter.”
What makes the tragedy all the more painful, they say, is that the driver “did not stop” to help Mr Nulty.
After he returned from outside the jurisdiction and was arrested, 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.
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 is not being charged with causing Mr Nulty’s death.
Members of Mr Nulty’s family, his sister Geraldine and nieces and nephews were present to hear evidence being given.
Detective Sergeant Arthur O’Connor gave evidence. Details from witness statements were outlined to the court by counsel for the prosecution, Monica Lawlor BL, instructed by State Solicitor Rory Hayden.
Theresa Hatchett was driving from Dublin to Cavan when she picked up Mr Nulty as a passenger in Virginia and dropped him off by the side of the N3 at Billis.
She told gardaí his clothing was dark and that the area where Mr Nulty alighted was also a “dark spot”. The time was approximately 10pm.
The following morning Michael McAuley was cycling to Cavan when he saw the body of Mr Nulty lying in on the left hand side verge. He flagged down a John Flood who was driving a jeep, who, in turn, made efforts to stop a passing ambulance.
Mark Nolan was the paramedic on board, and he reported “no signs of life” when he went to check Mr Nulty’s condition.
From there gardaí set about collecting 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’s 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”.
When he landed back in Ireland, Gailiunas messaged to ask officers not to put him in cuffs. “I won’t run,” he said.
“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.
Family ‘shattered’ by loss
Mr Nulty’s family’s world has been “shattered” by his loss, Mr Pritchard told the court.
The “emotional toll” has been immense. “Sleep is often impossible and I am filled with anguish at what my bother must’ve endured in his final moments.”
Grief, the statement continues, makes even the simplest of life’s event more difficult as they are “overshadowed by sorrow”.
The defendant’s actions post accident, in his attempts to conceal his car and have it fixed, the family feel, has “robbed” them of the legal process in attaining “justice” for Mr Nulty.
“This act of evasion has only deepened the suffering of losing Frank in such a cruel and unnecessary manner.”
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 a date later this year.
Gailiunas was remanded on bail on the same set of terms and conditions.