Court hears that accused told uncle, ‘I’m after having it’ with injured party

One of two brothers charged with assaulting an uncle phoned another uncle on the night of the alleged incident to say he was “after having it” with the injured party, a court heard yesterday.

Brothers Tommy Kelly, aged 34, of Marian Park, Tralee, Co Kerry, and Robert Kelly, aged 32, of Ogham Rian Estate, Tralee, both deny causing serious harm to their uncle, Gerald Fitzgerald, at 38 Mitchels Rd, Tralee, on November 8, 2011.

Mr Fitzgerald sustained life-threatening injuries, including brain injury, and had a sharp object forcibly inserted into his back passage, prosecuting counsel Tom Rice told the Circuit Criminal Court in Tralee.

He was found unconscious at his home at around 8pm and his jeans had been pulled down. The prosecution claims the two accused acted together.

In evidence, Paul Fitzgerald, a brother of Gerald, said he was attending a meeting in the Presentation Convent, Tralee, shortly before 8pm on November 8, when he received a phone call from Tommy Kelly who said to him, “I’m after having it with Gerald.”

RELATED: Brothers accused of causing horrific injuries to uncle

Paul Fitzgerald said he then drove to Chartbusters in Clash, Tralee, where he picked up the two accused and another man, Terence McCormack.

They drove to Ogham Rian Estate. Mr McCormack had a white plastic bag with what Mr Fitzgerald thought was drink in it. He thought they had had a small fight among themselves as he dropped them at the house and left.

Cross-examined by Garnet Orange, defending Robert Kelly, Mr Fitzgerald said Tommy Kelly was upset when he phoned. When Tommy Kelly said he was after “having it” with Gerald Fitzgerald, Paul Fitzgerald told the court that he thought he just meant they had had an argument. Saying they were a very close family, he told Tommy Kelly they would all be talking again tomorrow and that it was “all drink”.

Janice Finnegan, a friend of Tommy Kelly’s wife Valerie, said she was with Valerie when she received a call from him that night. Tommy was crying on the phone and they had a brief conversation before the phone went dead. He did not sound drunk, the court heard.

In a statement read into evidence, Paula Cregan said she was having dinner in her parents’ house in Mitchels Court, Tralee, at about 7.05pm on November 8, when she heard raised male voices from a house behind the house. She could not say which house, but later that evening, she heard that Gerald Fitzgerald had been assaulted. Ms Cregan said the voices had been coming from the direction of his house.

The trial continues at the Central Criminal Court in Tralee.

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