Charges against footballer Kelly are struck out
Published 29/09/2010 | 05:00
SIX charges against former Ireland international soccer player Gary Kelly were struck out yesterday.
A judge at Drogheda District Court was told by the complainants that they did not wish to proceed.
Kelly was one of four men, including Bohemians footballer Killian Brennan, who was prosecuted in relation to an incident at Halpin's Terrace, Drogheda, Co Louth, on the March 28 and 29.
Judge Patrick Clyne called all of the accused and complainants and warned them about wasting time and resources.
He asked them, "Do you know how much police time you all wasted" with "a scrap between six or seven adults?"
He said they had "cost the State a fortune. It is a pain in the neck for this court".
And he added "if you cry wolf again the gardai won't be running out to hold your hand".
Kelly (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 wooden 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.
His brother Jim Kelly (52) of Marian Park, Drogheda, Killian Brennan (26) of Gleann Alainn, Tullyallen, and John Connor (48) of Moneymore, Drogheda, had also been charged.
They were charged with entering the house as a trespasser with intent to commit criminal damage, and were alleged to have produced a wooden stick in the course of a dispute.
Jim Kelly was also alleged to have assaulted a man.
When the case was called yesterday their solicitor told Judge Clyne there "has been a resolution of the matter".
He said that 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.
Two of the complainants were in court, the judge heard.
Judge Clyne said if the parties had "kissed and made up, let's put it to the test".
Richard Kinsella got into the witness box and he agreed with Inspector Cadden that he had made a written complaint to gardai 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".
The inspector asked the judge if he would put the case back to be dealt with later in the day.
But Judge Clyne said: "If peace has broken out, let's nurture the peace, don't compound it."
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 would comment after the proceedings.