SIX charges against former Ireland international soccer player Gary Kelly were struck out at Drogheda district court yesterday after the judge was told by the alleged victims they did not want to proceed with their complaints.
The judge warned the alleged victims that if “you cry wolf again, the gardaí won’t be running out to hold your hand”.
Kelly was one of four men charged in relation to an incident at Halpin’s Terrace, Drogheda on March 28/29 last. Kelly, aged 36, of Braughan, Baltray, Co Louth, had been accused of assaulting three men – Richard Kinsella, Wayne McGuinness and Peter Monks.
He was also accused of producing a stick in the course of a dispute and entering a house as a trespasser with intent to commit criminal damage. The sixth charge accused him of damaging a window in a front door.
Co-accused were his brother Jim Kelly, aged 52, of Marian Park, Drogheda, Cillian Brennan, aged 26, Gleann Alainn, Tullyallen, Co Louth, and John Connor, aged 48, of Moneymore, Drogheda.
The three were also charged with entering the house as trespassers with intent to commit criminal damage and alleged to have produced a stick during a dispute.
Jim Kelly was also alleged to have assaulted a man.
When the case was called yesterday their solicitor Paul Moore told Judge Patrick Clyne there “has been a resolution of the matter” between the complainants and the accused and the three complainants were “not anxious” to proceed.
Garda Inspector Brendan Cadden told the judge he wanted to call the alleged injured parties in the case.
The complainants were represented by solicitor Patrick Goodwin and two were in court, the judge heard.
Judge Clyne said if the parties had “kissed and made up, let’s put it to the test”.
In the witness box, Richard Kinsella agreed with Inspector Cadden that he had made a written complaint to gardaí on March 29 last, in relation to an incident on March 28 but he now wished “to withdraw the statements”.
Asked by the inspector if he was under duress to do this he replied: “No.”
Wayne McGuinness then got into the witness box and when the inspector asked him if he wished to give evidence he said, “no”, and, “I am not under any duress”.
Judge Clyne called all of the accused and complainants to stand at the front of the court so he could speak to them.
He asked: “Do you know how much police time you all wasted [with what was] a scrap between six or seven adults?”
He said they wasted time, energy and “cost the state a fortune. It is a pain in the neck for this court”. He then struck out all charges. He told the complainants to leave the court first and then a few minutes later he told the accused they could leave.
No one commented after the proceedings.
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