Judge jails 'danger to society' who told Garda 'I’ll have the IRA shoot you' during another man's arrest

A judge has jailed for three years a Kilrush man who told a Garda that he would have the IRA shoot him in the head.

At Ennis Circuit Court, Judge Gerald Keys said that Anthony Kelly (aged 40) of Place de Plouzan, Kilrush, has “an appalling record” before imposing the three-year jail term suspending the final year.

Judge Keys said that Mr Kelly - who has 70 previous convictions - “is a danger to society”.

In evidence, Detective Garda Donal Corkery told the court that while Garda David King was trying to arrest a man not before the court at Place de Plouzan, Kilrush on July 1, 2018, Mr Kelly became very vocal at the scene.

Det. Corkery said that Mr Kelly shouted out “Ye’re all dead. Get out of Kilrush. The Kellys run the town.”

He said that Garda King then observed Mr Kelly striking Colin Marshall in the head from behind and Mr Marshall falling to the ground.

Det. Corkery then stated that Garda King told Mr Kelly to leave the vicinity under the Public Order Act and in response, Mr Kelly became agitated and aggressive.

Det Corkery said that Mr Kelly told Garda King: “I’ll have the IRA shoot you in the head. You know I have guns, I’ll shoot you myself.'"

The detective said that Garda King believed the threats to be real and believed that Anthony Kelly had the capability of carrying them out.

Counsel for the State, Lorcan Connolly BL said that Garda King was shocked and taken aback and feared for his own safety.

In the case, Mr Kelly pleaded guilty to threatening to kill or cause serious harm to Garda David King and the assault causing harm to Colin Marshall at Place de Plouzan, Kilrush on July 1, 2018.

Garda Corkery said that Mr Kelly has 70 previous convictions and the first conviction was recorded against him in 1995.

Counsel for Mr Kelly, Brian McInerney BL stated that his client wishes to apologise for the outrageous nature of his behaviour towards the garda.

Mr McInerney said that Mr Kelly is a chronic drug addict and is a very messy addict when under the influence.

Judge Keys said that Mr Kelly’s addiction “is a threat to society - he is a danger to society”.

Judge Keys stated that the only mitigating factor in the case was Mr Kelly's plea of guilt, before adding: “If resources were put into drug rehab clinics it would halve the crime rate and be a huge saving to the State.”