A Co Clare man charged with the murder of Limerick nightclub doorman Brian Fitzgerald in the city four years ago has been refused bail by the Supreme Court.
Anthony Kelly (49), Crag House, Kilrush, Co Clare, had appealed to the court yesterday against an earlier High Court decision not to grant bail. However, the three-judge court dismissed Mr Kelly's appeal.
Mr Fitzgerald (34) was shot dead outside his home at Brookhaven Walk, Corbally, Limerick, on November 29th, 2002.
In the High Court last October, Mr Justice Paul Butler was told that gardaí feared Mr Kelly would flee the country if freed on bail.
Refusing bail, the judge said then he was not overly concerned with the flight risk but was refusing bail on the grounds that a detective sergeant in the case had a genuine fear that witnesses would be interfered with.
It was contended by Mr Kelly's legal team in the Supreme Court that Mr Justice Butler erred in not finding that there were terms and conditions which would address the State's concerns and allow Mr Kelly to take up bail.
It was also submitted that the High Court judge had erred in finding it necessary to refuse bail on the grounds that Mr Kelly was likely to interfere with witnesses prior to his trial.
Counsel for the DPP submitted that Mr Kelly was seeking a full bail rehearing which was not the function of the Supreme Court.