Nephew of man killed in Creeslough explosion ordered to leave his late uncle’s home – The Irish Times

The nephew of a man killed in the Creeslough explosion in Co Donegal has been ordered to leave his late uncle’s home.

Farmer Hugh Kelly (59) was one of 10 people killed when an explosion ripped through a petrol station in the Co Donegal village on October 7, 2022.

Following Mr Kelly’s death, a dispute broke out between his nephew and the deceased’s partner over the deceased’s house and other land on Bishop’s Island, Castledoe, Creeslough.

The case has been ongoing at Letterkenny Circuit Court.

Judge John Aylmer has now granted an interlocutory order to Linda Gallagher, the dead man’s partner, against her nephew Josie Kelly, who she claims was illegally occupying the property.

When the case was called on Wednesday, Gallagher’s solicitor Gareth McGrory, BL, instructed by solicitor Frank Dorrian, said Josie Kelly was not in court and was not legally represented.

Earlier, Judge Aylmer heard from Ms Gallagher He went to the property on October 15, 2022, just a week after his partner was killed, and discovered that Josie Kelly had “unlawfully or unfairly entered the home and changed the locks.”

A locksmith was called and a voice was heard inside the property, which Gallagher recognized as Josie Kelly, but the locksmith was unable to gain entry.

It was also alleged that Josie Kelly put padlocks on the gates and put a donkey on the land while Gallagher was in the United States at the end of October.

The property was registered to Hugh Kelly, who had lived in the house his entire life.

Ms Gallagher sought an injunction to prevent the defendant, or agents acting on his behalf, from trespassing, entering or making use of the land without the plaintiff’s express authority. McGrory said her client was also seeking a court order for the defendant to repair any damage caused following the alleged trespass. She explained that Mrs. Gallagher, originally from Indiana, United States, had had a relationship with the deceased. The two maintained separate homes, but there were several photographs of Mrs Gallagher in Hugh Kelly’s home.

The court heard that Ms Gallagher had been left “distraught” by the sudden death of Mr Kelly and the deaths of the nine other people in the explosion, as well as suffering “shock, pain and sadness” following the incident.

At a previous hearing Josie Kelly He said that he had invested more than 100,000 euros in improvements to the property. He said he had also organized hay and silage crops on the farmland.

He said he had lived at the property since 1984, except for the years of his marriage, and that he returned to live at the property in 2018. Kelly stated that none of the plaintiff’s possessions are in the house and that he always had a key and access to home. “The property is my home,” she added.

Judge Aylmer asked why Mr Kelly had not produced anything to support his evidence. “The absence is surprising,” the judge said, noting that he had hoped to see evidence that Kelly has been living at the property since 2018 and of the €100,000 he said he had spent.

Judge Aylmer said last year he was giving the defendant a brief opportunity to present such evidence to the court.

When the case resumed this week, McGrory said he had received a five-paragraph affidavit from Josie Kelly following previous claims that she had invested a substantial amount of money in the property. However, he said a surprising feature of the case was that there was no documentation to confirm it.

Having considered the application, Mr Justice Aylmer granted an interlocutory injunction ordering Josie Kelly to leave the house and not enter the land without the permission of the claimant, Mrs Gallagher.

The plaintiff was also awarded costs.