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case struck out Man who threatened to kill sister in row over house inheritance avoids conviction after charity donation

Gary Kelly (57) warned his sister in a phone call: “over my dead body, you won’t get the house" and “there will be blood spilled - your blood.”

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Gary Kelly from Grace O’Malley Road, Howth, Co Dublin, was left without a conviction if he made a €500 charity donation.

Gary Kelly from Grace O’Malley Road, Howth, Co Dublin, was left without a conviction if he made a €500 charity donation.

Gary Kelly from Grace O’Malley Road, Howth, Co Dublin, was left without a conviction if he made a €500 charity donation.

A BROTHER who threatened to kill his sister in a family feud over a house inheritance has been spared a criminal record after making a charity donation.

Gary Kelly (57) warned his sister in a phone call: “over my dead body, you won’t get the house" and “there will be blood spilled - your blood.”

Their mother’s wish before she died was to divide the house between siblings, but a dispute broke out over a request for the property to instead go to his sister, Dublin District Court heard.

Kelly had drunk too much when he made the call, and the feud “boiled over” and got to him, his defence said.

The case against him was struck out by Judge Bryan Smyth after he made a €500 charity donation.

Kelly, from Grace O’Malley Road in Howth pleaded guilty to threatening to kill or cause serious harm to his sister Kara Kelly.

Previously, Garda Sergeant Tony Flanagan told the court the victim had been at a Christmas party in Malahide on the night of December 12, 2019 when she got a phone call from a private number.

It was from her brother, the accused, who threatened her, stating “over my dead body, you won’t get the house, there will be blood spilled, your blood.”

She recalled him saying she and her boyfriend “would be dead” and she hung up. Later, she got two more calls from a private number and did not answer but there were then five texts from the accused in which threats were made to her.

Kelly had no previous convictions.

“This all comes down to a family feud over a house,” defence solicitor Evan Moore said.

Kelly’s mother had died and left wishes that the house be divided between the accused and his three siblings, Mr Moore said.

The father requested that the house go to Kelly's sister and the argument had been going on for eight years, the court heard.

The accused had too much to drink on the night and when he got home, he “passed out on the couch” and did not remember making the calls.

However, he accepted that he did. He was “very stressed out” over the argument and it “all boiled over and got to him.”

Kelly was very apologetic for what he did. He had never been in trouble before but it “all got too much for him.”

Judge Smyth said it was a serious matter to make threats.

Mr Moore said there had not been any interaction between Kelly and his sister since and “if there is going to be anything, it will be a legal battle.”


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