Businessman charged with Limerick murder
A 49 year-old Clare businessman has been charged with the murder of nightclub security man, Brian Fitzgerald, in Limerick nearly four years ago.
Anthony Kelly of Cragg House, Kilrush, Co Clare was appearing today before Judge Tom O’Donnell at Limerick District Court.
The accused was charged with the murder of 34 year-old Brian Fitzgerald at Brookhaven Walk, Mill Road, Corbally, on November 29, 2002.
Mr Fitzgerald, a father of two, was shot dead outside his home as he returned from work in Doc’s nightclub in Limerick city.
His killing prompted one of the biggest ever murder investigations in the history of the Limerick Garda division. An English national - James Martin Cahill from Birmingham - is currently serving a life sentence for his role in the murder.
Outlining evidence of arrest, charge and caution, Detective Garda Paul Ryan said Anthony Kelly was arrested near Ennis, Co Clare last night.
The court heard that the accused made no reply when he was charged with the alleged offence at Mayorstone garda station in Limerick.
Anthony Kelly, who was dressed in a navy and white striped shirt and a black sports jacket, did not speak during the brief court sitting. Brian Fitzgerald’s widow, Alice Fitzgerald, sat in the public gallery of the court just a few feet from the accused flanked by a female detective.
Inspector Tom O’Brien said it was the State’s application to have the accused remanded in custody to October 24 next.
Solicitor for the accused, Eugene O’Kelly said he had no questions about the details of arrest, charge and caution but he said he intended to apply for bail.
Judge Tom O’Donnell said he had no jurisdiction in relation to bail on a charge of murder and told the solicitor that it was a matter for the High Court. Mr O’Kelly told Judge O’Donnell that there was no possibility of his client being considered a “flight risk”.
His client had travelled out of the country several times since he was “spectacularly arrested” and questioned about this crime, the court heard.
The defence solicitor said that Mr Kelly had previously surrendered his passport to gardaí and that it had been returned to him.
He added that every step of the case had been reported in “a lurid fashion” by members of the media.
Judge O’Donnell reminded Mr O’Kelly that the charge before the court was murder and said that any matters relating to a bail application should be directed towards the High Court.
He remanded the accused in custody to appear again before Limerick District Court on October 24 next at 10.30am.
