John Michael Kelly: Wanted to be tried by a jury at the higher Circuit Court instead of the District Court.

A WELL-KNOWN GAA referee has opted to be tried by judge and jury on a charge of making a false report to gardaí.

John Michael Kelly, of Coolbeggan, Tallow, Co Waterford, was charged on December 12 last at Cappoquin District Court with making the false report.

The charge, under the Criminal Law Act 1976, relates a statement he gave after he was wounded in a shooting.

On April 27, 2007, the referee was found shot on the outskirts of Tallow, close to the Waterford/Cork border.

He was rushed to Cork University Hospital where he underwent emergency surgery to repair a wound to his abdomen.

Mr Kelly, who has refereed GAA matches for several years in west Waterford and east Cork, is charged with making a false report to gardaí when he was interviewed about the incident at Cork University Hospital two days after the shooting.

At a sitting of Lismore District Court yesterday, Judge Terence Finn was told that the 50-year-old wanted to be tried by a jury at the higher Circuit Court.

Superintendent Tom O’Grady said the Director of Public Prosecutions was amenable to having the matter dealt with at district court level.

However, he said it was nevertheless Mr Kelly’s right to have the case sent to the higher court if he so wished.

Mr Kelly’s solicitor, Neil Twomey, confirmed it was indeed his client’s wish.

Judge Finn asked Mr Twomey if he had fully advised his client of the implications of going before the Circuit Court and Mr Twomey replied that he had.

The judge then asked Supt O’Grady how long gardaí would require to complete the book of evidence.

The superintendent said it would take about a month.

Judge Finn then adjourned the case to a sitting of Lismore District Court on March 13 next, at which stage it is expected the book of evidence will be served and the judge will direct that the Circuit Court handle the trial.

Mr Twomey applied for legal aid for Mr Kelly and was granted it by Judge Finn.