THE uncle of Ms Lynne Kelly, the pregnant woman at the centre of a legal battle over the fate of her unborn child, spoke yesterday of the family's heartache. Mr Willie Falconer said his niece had kept the secret of her violent marriage from him and never mentioned that Mr James Kelly had been convicted of assaulting her.
Yesterday. Mr Kelly's lawyers overcame the obstacles to an appeal being heard by the House of Lords after four Scottish judges upheld his wife's right to an abortion against his wishes. His solicitor, Ms Wendy Sheehan, said the case is pencilled in for next Monday.
Despite losing every round of the fight so far, Mr Kelly yesterday told the Sun newspaper he remained optimistic.
Mr Falconer challenged Mr Kelly to publicly contradict evidence given in court that he was convicted of attacking Ms Kelly (21) on May 15th, 1996.
She fled with the couple's only daughter, Hazel, from the mantal home in Inverkeithing, Fife, to her parents several weeks ago while she was eight weeks pregnant with their second child.
Mr Kelly (28) began legal action after learning of his wile's planned abortion. Her uncle, a former theatre nurse, also feared for the long term effects on Ms Kelly if she decides to go ahead with the operation.
Asked about the effect the affair was having on his relatives, Ms Kelly's uncle said: "It's upsetting for the rest of the family, but only Lynne can speak for herself. Her man has made her life hell."
After more than a week of legal proceedings, another hearing is scheduled for this afternoon in the Court of Session sitting in the Court of Appeal in Edinburgh.
Meanwhile, Ms Kelly cannot have an abortion as a temporary ban on her operation was extended at least until today.
It is understood that her legal team is gathering medical evidence to pinpoint the exact stage of her pregnancy. They are also expected to outline whether she will be able to have a simple abortion or an induced labour reserved for more advanced pregnancies.
Yesterday, she told the Daily Record newspaper that she may now have the child rather than endure the trauma of an induced labour.