Cork man tries to get aggravated burglary case struck out over delay

Malcolm Kelly was also charged with making a threat to a man that he would kill him or cause him serious harm

Judge Ryan did not accede to the applications. File picture: Larry Cummins

A 39-year-old Kanturk man facing an aggravated burglary charge arising out of an alleged offence at a house in Mayfield last August applied to have his case struck out on Monday.

Malcolm Kelly of Coolageela, Kanturk, County Cork, appeared at Cork District Court by video link from prison. His solicitor Eimear Griffin applied for the case to be struck out, or failing that, to be made peremptory against the State for the next occasion.

Ms Griffin said: “He is becoming increasingly frustrated about the delay as he has been in custody on this matter alone since August 12." Judge Catherine Ryan did not accede to the applications.

The judge adjourned the case against Malcolm Kelly until January 19 with the accused remanded in continuing custody until then.

Judge Ryan said: “I understand his frustration. But Christmas intervened in the meantime. I won’t strike it out and I won’t mark it peremptory but you are free to make that application at a later date.” 

Sergeant Gearóid Davis said the garda file in the case had been completed and sent to the state solicitor’s office on December 22.

Detective Garda Martina Drew charged Malcolm Kelly with counts including aggravated burglary at a house at Lagan Grove, Mayfield, Cork, producing a hammer during the alleged incident and causing criminal damage to the property on August 11, 2025. 

Malcolm Kelly was also charged with making a threat to a man at this house that he would kill him or cause him serious harm, contrary to the Non-Fatal Offences Against the Person Act.