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.