Wednesday 26 October 2016

Man found in back garden, covered in blood, with his trousers pulled down


Garda: File photo
Garda: File photo

A MAN who suffered a serious assault at his home was found by ambulance staff lying in his back garden covered in blood with his trousers pulled down.

Gerald Fitzgerald had suffered head injuries and rectal injuries at Mitchels Road, Tralee, Co Kerry on November 8, 2011.

His nephews, Robert Kelly (32) of Oghan Rian Estate, Tralee, and Tommy Kelly (34) of Marian Park, Tralee, deny recklessly or intentionally causing harm to their uncle on that date.

Their trial at the Circuit Criminal Court in Tralee heard the three had been drinking together earlier that evening.


The jury was shown CCTV footage taken in the bar at the Grand Hotel earlier that day which showed Mr Fitzgerald socialising with two men; one wearing a blue top and the other with a yellow tie, who were later identified as Robert and Tommy Kelly.

A number of objects recovered at Mr Fitzgerald's house on November 9, the morning after the alleged assault, were shown to the court.

These included parts of the broken handle of a yard brush, a tennis racket, a damaged tennis racket, a broken ash tray and a child's Razor scooter.

In evidence read out to the court, Norma Walsh, a member of the ambulance crew attending the scene, arrived at the house on Mitchels Road at 8.10pm and saw a man lying face down on the ground about three feet outside the back door with his pants down.


She said he had numerous head injuries, there was a lot of blood and Mr Fitzgerald had a Glasgow coma state (GCS), the scale used to measure the consciousness of a patient, of just three.

She pointed out this was the lowest rate in the GCS scale and Mr Fitzgerald was not responding.

Ms Walsh requested a back-up ambulance and the assistance of the gardai and Mr Fitzgerald was taken to Kerry General Hospital (KGH).

Her colleague, Ann Shanahan, said Mr Fitzgerald's T-shirt was drenched with blood and he had a lot of lacerations to his head and blood on his face.

In her evidence, which was also read out in court, she said the weather was dry at the time.

Garda crime scene investigators, who took photographs at the scene, recovered a number of items from the kitchen area and outside the house, including the broken brush handle and the tennis rackets.


Prosecuting counsel Tom Rice previously told the court there would be considerable medical evidence from doctors at KGH and Cork University Hospital.

The prosecution alleges Mr Fitzgerald suffered life-threatening injuries, including a brain injury and a tear in his rectal area.

He had been found lying in his back garden by a neighbour and another man shortly before 8pm that night.

Mr Rice said the prosecution alleges the brothers had acted together in the assault of their uncle.

The trial continues before Judge Eugene O'Kelly at the Circuit Criminal Court in Tralee.

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