Kerry man who raped younger brother for years argues over evidence given during trial

Ryan Dunne

A Kerry man who raped and sexually abused his younger brother for years has argued that evidence of the abuse given by the complainant to a witness in “the present perfect continuous tense” should not have been admitted into his trial.

Barristers for Paul Kelly (47) submitted that when his brother Anthony, as an adult, told another family member that “Paul has been raping me for years,” this was inconsistent with the fact that the abuse had ended seven years before.

Barristers for the State, however, argued that this was merely an “academic exercise on phraseology”.

Kelly, of Shronedraugh, Headford, Killarney, Co Kerry, had denied all charges against him, but he was convicted following a trial in November 2024 of 12 sample counts of sexual assault, two counts of oral rape, and 12 counts of anal rape of his younger brother Anthony Kelly, at their family home on dates between 1995 and 1999.

He was jailed for seven and a half years by Justice Melanie Greally.

Kelly was 16 years old when he began abusing his brother and 20 when he stopped. His brother was between ten and 14 years old at the time of the abuse. Anthony Kelly wished to waive his right to anonymity to allow his older brother to be named.

His trial heard that the boys shared a bedroom, and when Anthony was about ten years old, Paul made him lie face down and then simulated sex on him. The complainant said this occurred at least three times a week for about a year and a half.

He said that in 1997, the abuse escalated, and Paul forced him to perform oral sex on him. He said that his brother later began anally raping him once or twice a week between 1997 and 1999.

The abuse ended in 1999 when Paul Kelly began a relationship.

The court heard the abuse had a devastating effect on Anthony throughout his life, and he came forward to make a complaint in 2021.

In his victim impact statement, Anthony said his older brother used him for his own sexual gratification. He said it has affected every part of his life, leaving him living with flashbacks, suicidal thoughts, and self-harm. He said he used alcohol and drugs to numb the pain.

“You groomed and abused me for your own sick pleasure and groomed everyone around me to make me look crazy”, he told Paul Kelly.

In launching an appeal against conviction on Thursday, counsel for Paul Kelly, James Dwyer, said that the statement of a family member outlined that when the complainant was 21, he told her: “Paul has been at me, he has been raping me for years.”

Dwyer said that this occurred seven years after the abuse had ended, but the complainant had said this in “the present perfect continuous tense”, which implied that the abuse had continued up to the time he was speaking to the witness.

Counsel said that further evidence from this witness outlined that ten years earlier, when the complainant was ten or 11, the woman recalled him crying as he told her: “They were at me”.

Dwyer said that it was inconsistent for a child aged ten or 11 to say, “they were at me”, and then, as an adult, say, “he has been raping me”.

Dwyer next referenced the statement of a woman who had shared a house with the complainant, who told her around 2003 that his brother Paul had abused him as a child. Dwyer said this was “utterly devoid of detail”, as it contained no details of the abuse or how long it went on.

Dwyer went on to say that a social worker had given evidence that the complainant disclosed being orally raped, but there was no mention of anything but oral.

Counsel submitted that this was an inconsistency. Dwyer also referenced a statement by a mental health services official who gave evidence that the complainant had said the abuse was a single occasion when he was 16.

Counsel said that due to the inconsistency with all of these accounts, the judge should have given a corroboration warning to the jury at the conclusion of the trial.

In response, counsel for the State, Karl Finnegan, said there was no basis identified at trial to suggest there was any unreliability about the complainant’s evidence.

Finnegan contended that Dwyer was attempting an “academic exercise on phraseology” concerning the words used by the complainant to the witness when he was 21.

He went on to say that during the trial, this witness had given evidence that the complainant said the appellant “was” raping him for years.

He said that it was clear from the witnesses that there had been intrafamilial abuse, with the appellant identified and the complainant a child at the time it occurred.

Concerning the evidence from the person with whom the complainant had shared a house, where Anthony Kelly had said that his brother had abused him as a child, Finnegan said that this was consistent with the fact that it was his older brother who had sexually abused him.

Finnegan said that the trial judge had given an expansive charge to the jury as to what they could do with these statements and how to receive this evidence.

Judge Patrick McCarthy, presiding over the three-judge court, said that judgment in the appeal would be reserved to a later date.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112.