There were emotional scenes at the grave of the late Michael Kelly, a former Limerick city councillor, in the city last night as his family succeeded in an attempt to exhume his body and disprove a claim that a gun was buried in the coffin.
Mr Kelly's family took the step following a report in a Sunday newspaper which stated that a gun was buried along with the body.
However, following last night's exhumation it was confirmed that no gun was present in the coffin and Mr Kelly's brother, Anthony, said the family hoped Michael could now rest in peace.
"We hope that this puts to bed the rumours that were said. We're happy with the outcome because we know ourselves that none of the family put a gun in the coffin. We had to leave Michael rest in peace there - not with rumours or gossip around him, and it's one episode of this scenario that's finished with. We didn't want to be listening to this for years and we felt this was the only way of getting rid of it," said Mr Anthony Kelly.
His 48-year-old brother died in hospital last month, four weeks after he suffered a gunshot wound to the head at his mother's house in Southill.
Mr Anthony Kelly has always maintained that he was shot by someone who entered his mother's house.
No weapon was recovered but gardaí have also been examining the possibility that the fatal gunshot wound may have been self-inflicted.
The Kelly family said the recent newspaper article, which members claimed was leaked by gardaí, left them with no choice but to exhume the body to prove that they had not put a gun in the coffin. However, a senior Garda spokesman said last night that at no stage did gardaí have any information to back up claims that a gun was buried in the coffin.
There were dramatic scenes at Mount St Oliver Cemetery yesterday morning when several of Michael Kelly's brothers began to dig up the grave, equipped with a mechanical mini-digger and shovels.
A stand-off between members of the Kelly family and gardaí ensued, as heated discussions took place at the grave.
Mr Kelly's widow, Majella, was also present as family members managed to dig about four feet into the grave before gardaí ordered them to stop because they did not have official permission. The family then obtained permission from the local authority and the dig started again after 6 p.m.
It is understood the licence was issued by the director of cemeteries services in the environmental department of Limerick City Council. A spokesman said an exhumation permit could be granted "for a variety of reasons" but did not want to discuss the particular case.
The dig was carried out by the Kelly family and was observed by detectives from the National Bureau of Criminal Investigation, local undertakers, parish priest of Southill Father Thomas Carroll, and by a representative of the council.
When the coffin was opened, a detective and Mr James Kelly, a brother of the deceased, searched it. They confirmed that there was no gun present. As the body was re-buried, Fr Carroll led members of the family in a brief prayer.