Man jailed for sexual abuse of younger brother

Fiona Ferguson and Eimear Dodd

A Central Criminal Court judge has criticised family members of a Kerry man convicted of the sexual abuse of his younger brother for writing privately to her, saying that justice must be administered in public.

Paul Kelly (46) was a teenager himself when he began abusing his then ten-year-old brother. He was jailed on Thursday for seven and a half years.

At an earlier hearing, the Central Criminal Court heard that Anthony Kelly wished to waive his right to anonymity to allow his older brother to be named.

Anthony Kelly previously told the court of the devastating lifelong impact of the abuse on him.

“I will live with what you subjected me to….. for the rest of my life”, Anthony said, adding he would need lifelong help and therapy. He said the guilty verdict felt like relief to the “broken boy inside of me.”

“I can live without shame for the first time in my life,” he said. “This shame does not belong to me, it belongs to Paul.”

Paul Kelly of Shronedraugh, Headford, Killarney, Co Kerry was convicted following a trial late last year 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 has no previous convictions.

Paul Kelly was 16 years old when he began abusing his brother and 20 when he stopped. His brother was between 10 and 14 years old at the time of the abuse.

His lawyer told the court that Kelly respects the jury process but does not accept the verdict of the jury.

After passing the sentence on Thursday, Ms Justice Melanie Greally said she'd received letters from some members of Paul Kelly's family regarding reporting restrictions.

The judge said she didn't want to be “overly critical” of those who wrote the letters, noting that people may be unfamiliar with the trial process.

However, Ms Justice Greally said it is “not permissible” to directly communicate with a presiding judge, adding that justice must be administered publicly and she could not have regard to letters sent privately.

The judge noted that the court had previously been informed that Anthony Kelly wished to waive his right to anonymity and that the court had “no jurisdiction or authority to interfere with that right.”

The judge said the court had “some degree of sympathy” with younger members of Paul Kelly's family, before indicating the court did not propose to impose or recommend further reporting restrictions, given that Anthony Kelly had chosen to waive his right to anonymity.

Ms Justice Greally said the aggravating factors in the case include the regularity of the offending, the extended time period over which it occurred, Anthony's Kelly's age at the time and the breach of trust.

She said Paul Kelly had abused his “seniority within the family hierarchy” and that it was aggravating that the offending occurred within the family home.

The judge also noted the impact on Anthony Kelly and his isolation from his family “as a consequence of him seeking justice for the abuse he experienced”.

Ms Justice Greally said she had considered the mitigation and that Paul Kelly was himself a juvenile when some of his offending occurred.

Detective Garda Trevor Ryan previously told Karl Finnegan SC, prosecuting, that the boys shared a bedroom and when Anthony was about ten years old, he recalled Paul making him lie face down and then simulating sex on him. He 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. His brother later began anally raping him once or twice a week between 1997 and 1999.

Gda Ryan said 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.

Paul Kelly was arrested and interviewed. He called his brother “weird” and claimed the allegations were all lies. He said he was the victim and Anthony was a “schizo.”

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. Anthony Kelly thanked those who had supported him.

He said he had lived with shame and fear for so long but his partner and children had been a huge support to him, along with the Kerry Rape Crisis Centre, his barrister and gardaí.

Mr Finnegan said the Director of Public Prosecutions had instructed that it views this case as being in the more serious category, with a headline sentence of 10 to 15 years. He noted that for some of the offending, Paul Kelly was under 18 years old.

Lorcan Connolly SC, defending, said his client respects the jury process but does not accept the verdict of the jury. He had presented for questioning and co-operated with the investigation,

He said Paul Kelly had a construction company with a number of employees and a strong work ethic. His client was a good neighbour and a support to his parents and the general community.

He handed in references made under oath from people aware of the nature of Paul Kelly’s offending. The references state that he is a hardworking person, a good neighbour, and a straightforward businessman. Paul Kelly is in a long-term relationship.

Mr Connolly noted a probation report assessed Paul Kelly to be at low risk of reoffending.

He asked the court to take into account Paul Kelly's good behaviour and that he was a good citizen.

Mr Connolly further asked the court to take into account that Paul Kelly was a teenager himself at the start of the time in question, as well as the passage of time since his offending occurred.

He said this was sufficient to bring the headline sentence into the sub-10-year category.

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.