Brothers get two years in jail over for assault on man

TWO Kanturk brothers who attacked a 39-year-old man because of a drugs debt owed to them have been jailed for two years.

Judge James McCourt imposed a jail term of two years and six months on each brother, with the last six months suspended, at Cork Circuit Criminal Court.

Dennis Kelly, aged 35, of Coolageela, Kanturk, Co Cork, pleaded guilty to a charge of assault causing harm to the man on May 3 at Lower Oliver Plunkett St.

His brother, Malcolm Kelly, aged 37, of the same address, also pleaded guilty to the same charge of assault causing harm to the other man. Malcolm Kelly pleaded guilty to one additional charge of producing a knife during the incident in May.

Judge McCourt did not differentiate between the two men in the sentences that were imposed.

Detective Garda Bryan Murphy said the injured party told gardaí that the assault on him was as a result of a drug debt owed to the defendants.

“CCTV shows him being assaulted and stabbed,” said Det Gda Murphy.

“The two suspects are known to the injured party. CCTV shows Malcolm Kelly retrieve a knife from his waistband and stab the injured party five times.

“Dennis Kelly is captured on CCTV punching him several times in the head. They entered a dark-coloured BMW and drove away. Garda Brian Fitzgerald of Kanturk station stopped them later at Bettyville, Kanturk.

“The injured party sustained injuries including a stab wound to his back and a significant stab wound to his right hand.”

Both men refused to co-operate with the gardaí and neither of them showed any remorse.

Both brothers were remanded in custody following their arrest in May and their sentences were backdated to then.

Barristers Carmel Goggin and Paula McCarthy, for Dennis and Malcolm Kelly, respectively, spoke on behalf of the defendants.

Ms McCarthy said: “He is doing well in prison in terms of courses and putting his time to good use there.”

Ms Goggin said: “He has gained insight and is trying to turn his life around.”

Both men offered apologies for their actions.

Judge McCourt said, regarding Dennis Kelly, that he had 141 previous convictions, in particular six circuit court matters, including drug dealing, burglary, and endangerment.

“Even though there was no cooperation and remorse at the outset, you did express some degree of remorse,” he said.

“You have difficulties with tablets and drugs and suffered tragedies in your family, not least the loss of a brother.”

The judge said there were similar factors present in Malcolm Kelly’s case, where he was sentenced for assault causing harm and production of a knife. He had 95 previous convictions.

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