Courts / Cork / Report

Man avoids jail for impeding murder investigation

Date
2022-03-07

Stage
Sentence

Primary locality
Skibbereen

County
Cork

Summary

Thomas Fitchett, 34, of Skibbereen, was sentenced by Ms Justice Eileen Creedon at the Central Criminal Court for impeding a murder investigation. He pleaded guilty to a Section 7(2) charge under the Criminal Law Act 1997, knowing that Jonathan Ustic, 51, had been murdered and intentionally hindering the apprehension of the perpetrator. Fitchett had driven a man away from Ustic's house on 24 September 2017, believing Ustic was still alive after a violent assault. He was later involved in a serious head‑on collision near Dunmanway, where he was injured and the passenger fled. Gardaí later confirmed Ustic was dead. Fitchett's sentence was a headline term of three years, with a two‑year suspended portion, and a condition of good behaviour. He had no prior convictions and expressed regret. The judge noted his intoxication and the collision as mitigating factors. The probation report indicated a moderate risk of reoffending within 12 months.

Who, what, where, when and why

What: Report matter: Man avoids jail for impeding murder investigation. Charges or matters: 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. Procedural stage: sentence

When:

September 24, 2017 Hearing Or Sentence
2022-03-07 Publication

Case subjects

Thomas Fitchett

Defendant

Charges: 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 (Admitted)

Plea: Guilty

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