A woman who gave her then partner an alibi during an investigation into a fatal fire almost 16 years ago later came forward of her own volition and changed her statement after he started a relationship with another woman, the Central Criminal Court has heard.
The family of “kind and gentle soul” Gerry Nolan told the court that he was killed “in a severely sick and horrendous way”, when then-teenager Martin Kelly, who has now amassed 196 convictions, set fire to the victim’s mobile home in Co Kilkenny almost 16 years ago. They said they will never forget the “horrifying images” of the deceased’s home “engulfed in flames”.
The Central Criminal Court also heard during Monday’s sentence hearing of Martin Kelly that William Nolan pleaded with his brother to get out of the mobile home as it “melted away” but could only hear Gerry Nolan say: “I’m not able”.
Evidence was also given that the deceased was very badly burned and completely unrecognisable when emergency services gained access to the caravan.
Last March, Martin Kelly (35) of Church Avenue, Castlecomer, Co Kilkenny pleaded not guilty to murder but guilty to the manslaughter of Gerard “Gerry’ Nolan” (44) on July 24th, 2006, at Deerpark, Castlecomer, Co Kilkenny.
In 2020, Kelly had been charged with the murder of Mr Nolan but Sean Gillane SC, for the Director of Public Prosecutions, said earlier this year that the plea to manslaughter was acceptable to the State.
At Monday’s sentencing hearing, Detective Inspector Sean O’Meara told Mr Gillane, prosecuting, that an investigation began after the incident, which took place in the early hours of July 24th, 2006 at Deerpark in Castlecomer, which was Mr Nolan’s family home.
The investigation focused on Kelly and the other man identified by William Nolan as being the person present at the scene that night.
The inspector said the accused was in a relationship with a woman at the time of the incident and they were living at an address in Co Tipperary. The woman made a formal statement to gardaí in which she initially indicated that she had been out with Kelly on July 24th before she returned home with him.
The woman also indicated to gardaí that they both had access to a car and it was not moved that night. “She also indicated that the accused was in bed with her when they woke up the following morning,” said counsel.
Mr Gillane said the investigation team had very little direct evidence of what had transpired in terms of the fire and that investigation “ran into sand to an extent”.
In 2015, Mr Gillane said gardaí in Kilkenny and Carlow were directed to re-examine the case under Superintendent Derek Hughes and that the accused’s then former partner admitted to detectives that she had not told the truth in her earlier statement. She told gardaí that Kelly had in fact left their address in a car in the early hours of July 24th and that he had made remarks to her that he was responsible for setting the fire.
“She described a number of occasions where he made remarks consistent with being involved in the arson [attack] and burning the mobile home including ‘I killed Gerry Nolan’,” said the witness.
In 2017, Mr Gillane said that William Nolan made a further statement indicating that he may have made a mistake regarding the first identification and that Martin Kelly looked more like the person he had seen in the garden that night.
The court heard that Kelly has 196 previous convictions which include assault, criminal damage – two of which involved fire – burglary and entering a building with intent to commit an offence. He also has a conviction for endangerment which involved him driving a stolen vehicle at a member of An Garda Síochána.
Under cross-examination, the inspector agreed with Michael Bowman SC, defending, that his client had been 19-years-old at the time of the offence, that he did not have the easiest upbringing with the presence of alcohol and drug use and that he “fell out” of the formal education system at a very young age.
There was nothing of forensic evidence to link Kelly to the scene and that his plea was his first acceptance of wrongdoing, said Mr Bowman.
The inspector also agreed with Mr Bowman that the accused’s former partner had come forward of her own volition after the accused had commenced another relationship with another woman.
In his submissions, Mr Bowman said his client offers an unqualified and unreserved apology to the Nolan family for what transpired in 2006 and that he takes complete responsibility for his actions.
Counsel said the accused had started the fire with a cigarette lighter when intoxicated and told his probation officer that he had only intended to frighten the deceased and not cause his death. Kelly accepted that he had prolonged the Nolan family’s suffering and pain, said Mr Bowman.
Mr Justice Paul McDermott remanded Kelly in custody until next Monday, when he will be sentenced.