Mayo couple may face perjury charges

A man who told "a tissue of lies" during a circuit court appeal has been jailed for four months.

Judge Eoin Gararvan recommended that the Director of Public Prosecutions (DPP) should examine potential perjury charges against Gerard Kelly, aged 61, of Brize, Claremorris and his partner Ophelia Dorrian after the pair concocted a "cock and bull story" during an appeal at Castlebar Circuit Criminal Court over a conviction imposed on Kelly at Castlebar District Court.

Kelly appeared before Judge Garavan's court to appeal a six-month suspended prison sentence and a six-year driving disqualification imposed at Castlebar District Court in 2021 for refusing to provide a breath specimen. An additional charge of assaulting a Garda had been taken into consideration.

Gda John Murphy told the court that on January 23, 2019, he received a report of a row between Kelly and his partner at Brize and that Kelly had put her out of the car in which they were travelling and left her on the side of the road near Ballyglass.

Gda Murphy went to Kelly's house and knocked on the door but there was no answer. As he went to pull out of the driveway, a vehicle approached slowly from the left-hand side of the road and he recognised the driver as Kelly. The defendant got out of the vehicle and was unsteady on his feet and staggering, his eyes were blurry and his speech was slurred. When asked if he had been drinking, Kelly replied that he "didn't remember".

Gda Murphy arrested Kelly on suspicion of drunk driving at 1.43am and called for assistance to bring him to Castlebar Garda Station. Gda Ian Coyne and Gda John Connor attended and Kelly was placed in the car without handcuffs. Gda Coyne and Gda Connors drove Kelly to Castlebar while Gda Murphy followed in his patrol car.

While en route, Gda Coyne and Connors called for assistance. Gda Murphy saw the patrol car parked near Breaffy village and the two Gardaí restraining Kelly on the ground. Kelly was abusive and aggressive.

Gda Connor said Kelly became irate and aggressive and made attempts to grab the shoulder of Gda Coyne who was driving. Gda Connor, who was travelling in the rear with the accused, said Kelly drove his elbow into his neck and attempted to elbow him in the face. He instructed Gda Coyne to stop the car and they restrained and then handcuffed Kelly.

Kelly failed to provide a breath specimen at Castlebar Garda Station. 

Gda Michael Carroll, the member in charge at the station, said Kelly had a cut to the right side of his head when he arrived. A doctor was called at 2.36am, prior to Kelly being taken to the intoxyliser machine, and a doctor from WestDoc arrived at 3.24am.

Gda Carroll said while he waited outside the doctor's room he could see Kelly becoming aggressive and shouting at the female doctor and using racial slurs. He had to be placed in a cell for the night.

Kelly sought hospital treatment after his release from Garda custody the following morning.

Gerard Kelly told the court he was not driving the car on the night and instead got a taxi home earlier. He said he had been out for a meal with his partner Ophelia Dorrian in Ballinrobe. He said Ms Dorrian was driving and they stopped at a pub in Hollymount. While there he claimed they got chatting to a group who knew the area of London that Ms Dorrian hailed from. Mr Kelly said he was tired and got a taxi home. He did not know who the taxi driver was.

Kelly claimed he was drifting in and out of sleep on the couch at home when Gda Murphy arrived at his property. He said he went out the back door to investigate and then saw ‘Ophelia’s car’ and the officer. Kelly said he had no idea how the car ended up there but claimed a mystery man had dropped the keys to the car at the front door 10 days later.

He alleged Gardai called him a "hardy boy" when he was being arrested.

“I was beaten into the head and face at least five times and into both eyes,” Kelly alleged, adding that he went into a "total state of relaxation" during the alleged attack. He claimed this was his body’s way of protecting itself.

The court heard he made a complaint to the Garda Síochána Ombudsman Commission (GSOC) a year later which did not warrant investigation.

Kelly said he could recall very little of what happened at the Garda station.

His partner Ophelia Dorrian told the court that one of the men she met in the pub offered to drive her home in the car. She could not recall his name. She said another man agreed to follow them in order to pick up the driver of her vehicle.

She said the unnamed man got "a bit hands-on with me" and she got out of the car. She called Gardaí to give her a lift home. 

Under cross-examination, Ms Dorrian said she saw no sign of the car that was supposed to be following.

It was put to Ms Dorrian by State Solicitor Louise Cresham that she had previously called Gardaí to come to the home she shared with Kelly up to 20 times.

When asked if she had been brought home by Gardaí in similar circumstances before, Ms Dorrian became agitated but admitted it happened twice previously. When asked what the circumstances were on these occasions, she stated: “Because of Gerry.”

Making his ruling, Judge Eoin Garavan said "ridiculous accusations" were made against the Gardaí by Kelly. 

“Mr Kelly is seeking to cause trouble for others and is refusing to accept blame himself”,” the judge stated.

He said Kelly and Ms Dorrian told an "extraordinary tale" about the mystery car driver who returned the keys to the house a week and a half later. 

“It’s utter and complete nonsense,” Judge Garavan remarked.

He said the couple were caught out when Kelly claimed he changed the locks in the house following the incident but Ms Dorrian said she knew nothing of this during her evidence.

“I have no doubt that Mr Kelly and Ms Dorrian committed perjury and the DPP should be looking at that,” the judge stated.

He said Kelly had "lied from one end of the case to the other", adding: “He told lies and he got Ms Dorrian to tell lies."

Defending barrister Martin Durack said his client had learned of his son’s terminal cancer diagnosis around the time of the offence. 

“He was a man going through grief,” said Mr Durack.

The court heard Kelly had previous convictions for failing to provide a sample, criminal damage, assault, and criminal damage all occurring on the same date.

Judge Garavan upheld the driving ban and a €2,000 fine previously imposed in the district court and sentenced Kelly to four months in prison.