Courtroom battle commences over the estate of victim of Creeslough tragedy

Farmer Hugh Kelly, 59, was one of 10 people to lose their lives when a suspected gas explosion ripped through a petrol station in the Co Donegal village on October 7th last.

Now a row has erupted between a nephew of Mr Kelly and his partner over his home and other lands at Bishop’s Island, Castledoe, Creeslough.

Documents read out at Letterkenny Circuit Court heard that the late Mr Kelly’s partner Linda Gallagher said she is the beneficiary of his last will and testament, dated November 30th, 2006.

Ms Gallagher is seeking an interlocutory injunction against Josie Kelly, a nephew of the deceased, who she claims is illegally occupying the property.

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Judge John Aylmer this week heard how Ms Gallagher said she attended the property on October 15th last, a week after her partner was killed.

She discovered that Josie Kelly, had “wrongfully or illegally entered the dwelling and changed the locks”, the court was told.

A locksmith was called and a voice was heard inside the property which Ms Gallagher recognised as Mr Kelly, but the locksmith could not gain entry.

These details were outlined by Ms Gallagher’s barrister, Gareth McGrory, instructed by solicitor Frank Dorrian who alleged that Mr Kelly had unlawfully and wrongfully trespassed and accessed the dwelling house.

It was also alleged that he also placed padlocks on the gates and put a donkey on the lands while Ms Gallagher was in America towards the end of October.

The property was registered in the name of Hugh Kelly, who had lived in the house all his life. It had been passed on to him by his late mother Sally Kelly.

Ms Gallagher sought an injunction to restrain the defendant, his servants or agents from trespassing, entering or making use of the lands without the express authority of the plaintiff; and to repair any damage caused.

By way of background, Mr McGrory said that Ms Gallagher, who was originally from Indiana in the United States, had been in a loving relationship with the late Hugh Kelly.

They both maintained separate houses but there were several pictures of Ms Gallagher in Hugh Kelly’s home.

The court was told that Ms Gallagher had been left “distraught” at Mr Kelly’s sudden death and the deaths of the nine other people, as well as suffering “shock, pain and sorrow” following the incident.

Mr Kelly was represented in court by barrister, Mr John McCoy.

Mr Kelly said his late grandfather had wished the property to stay in the Kelly family and said he had invested over €100,000 on improvements to the property. He had also organised crops of hay and silage on the farmland.

He said he had lived at the property since 1984, save for the years of his marriage until 2018, since which he had been living on the property.

Mr Kelly claimed that none of the plaintiff’s possessions are in the house and that he always had a key and access to the house. “The property is my home,” he said.

Judge John Aylmer asked why Mr Josie had not exhibited anything in support of his evidence.

“The absence is striking,” he said, noting that he expected to see evidence that he has been living there since 2018 and of the €100,000 he said he had spent.

Mr McCoy said he would take the matter back to his client for further instruction and said there were “parallel proceedings” before the High Court.

Judge Aylmer said he was giving a short opportunity for the defendant to put evidence before the court.

The matter was adjourned to a future court sitting.