This article is from page 3 of the 2006-11-07 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 3 JPG
THE Kilrush businessman charged with the murder of Limerick bouncer Brian Fitzgerald is to go to the Supreme Court, in an effort to obtain bail, The Clare People can reveal.
Anthony Kelly (49), of Cragg House, Kilrush, is accused of murdering Brian Fitzgerald, at his home in Corbally, on November 29, 2002.
Mr Kelly was arrested in Ennis on October 16 last and later charged with murder. He is currently in custody in Limerick prison, awaiting the preparation of the book of evidence and is due before Limerick District Court again in a fortnight.
His bail application before the High Court last Tuesday was refused, after strong objections from gardaí. Mr Kelly’s solicitor Eugene O’Kelly confirmed to The Clare People that his client would appeal this refusal to the Supreme Court.
He said allegations made in the High Court were without basis and were “wild.”
“The High Court relied unduly on unfounded hearsay allegations,” said Mr O’Kelly.
Gardaí expressed fears for the safety of two main witnesses, if Mr Kelly was granted bail.
“I believe there is a substantial and real risk witnesses will be murdered, even within the confines of prison,” Detective Sergeant Seamus Nolan told the High Court.
The court heard that gardaí believed Mr Kelly and an associate recruited James Martin Cahill (30) and another man to carry out the killing of Mr Fitzgerald. Cahill, who has strong west Clare connections, is serving life in jail for the murder of the security boss and has indicated he will give evidence against Mr Kelly.
Mr Kelly’s sister had offered to pay an independent surety of €75,000 for his release, but gardaí said they would not be satisfied with a surety of €75 million.
Det Sgt Nolan said he feared if Mr Kelly was granted bail, he would take steps to ensure Mr Cahill and another witness Philip Deane, would not give evidence against him.
He said Cahill was terrified he was going to be shot, because of what he had told gardaí and had a minimum of three prison officers with him at all times.
Det Sgt Nolan said Mr Kelly had substantial assets overseas and a car, worth more than €100,000.
He rejected suggestions from Anthony Sammon, SC, representing Kelly, that his client was involved in the furniture business.
‘‘I believe that Mr Kelly’s principal business is the importation of drugs into this jurisdiction, not the furniture business. That is merely a cover for his other businesses. He is regarded as being one of the main drug importers into this jurisdiction,’’ he said.
The court heard Mr Kelly has six previous convictions over a 24-year period, including two for larceny and one for living off immoral earnings.
Mr Justice Paul Butler said he was not entirely concerned about the risk of Mr Kelly fleeing, but he accepted there might be a risk to the lives of witnesses if he was granted bail.