Six charges against former Ireland international soccer player Gary Kelly were struck out at Drogheda District Court today after the judge was told by the alleged victims that they did not want to proceed with their complaints.
Mr Kelly (36) of Braughan, Baltray, Co Louth was one of four men prosecuted in relation to an incident at Halpin’s Terrace, Drogheda last March.
He had been accused of assaulting Richard Kinsella, Wayne McGuinness and Peter Monks.
He was also accused of producing a wooden stick in the course of a dispute and entering a house as a trespasser with intent to commit criminal damage.
The sixth charge accused him of damaging a window in a front door.
His brother Jim Kelly (52) of Marian Park, Drogheda, Cillian Brennan (26) Gleann Alainn, Tullyallen, Co Louth and John Connor (48) of Moneymore, Drogheda were also charged in relation to the incident.
The three were charged with entering a house as a trespasser with intent to commit criminal damage and alleged to have produced a wooden stick in the course of a dispute.
Jim Kelly was also alleged to have assaulted a man.
When the case was called today, their solicitor Paul Moore told Judge Patrick Clyne there “has been a resolution of the matter” between the complainants and the accused and the complainants were “not anxious” to proceed.
Insp Brendan Cadden told the judge he wanted to call the alleged injured parties in the case.
The complainants were represented by solicitor Patrick Goodwin and two were in court, the judge heard.
Judge Clyne said if the parties had “kissed and made up, let’s put it to the test.”
Mr Kinsella got into the witness box and he agreed with Insp Cadden that he had made a written complaint to gardaí on March 29th in relation to an incident the previous nightbut he now wished to withdraw the statements.
Asked by the Insp if he was under duress to do this he replied: “No.”
Mr McGuinness then got into the witness box and when Insp Cadden asked him if he wished to give evidence he said he did not and insisted he was not under any duress.
Insp Cadden asked the judge if he would put the case back to be dealt with later in the day as the DPP had given directions on it although he accepted that without the complaints of the injured parties it could not proceed.
Judge Clyne said that looking at it from the Garda point of view, “If peace has broken out, let’s nurture the peace, don’t compound it.”
He called all of the accused and complainants to stand at the front of the court and spoke to them.
"Do you know how much police time you all wasted?” he said.
He said they wasted time, energy and cost the State a fortune. "It is a pain in the neck for this court," the judge said.
"If you cry wolf again, the gardaí won’t be running out to hold your hand," he said.
He then struck out all charges. He told the complainants to leave the court first and then a few minutes later he told the accused they could leave.
No one commented after the proceedings.