A courtroom battle has erupted over the estate of one of the victims of the Creeslough tragedy.
Farmer Hugh Kelly, 59, was one of ten people to lose their lives when a suspected gas explosion ripped through a petrol station in the Co Donegal village on October 7th last.
Now a row has erupted between a nephew of Mr Kelly and his partner over his home and other lands at Bishop’s Island, Castledoe, Creeslough.
Documents read out at Letterkenny Circuit Court heard that the late Mr Kelly’s partner Ms Linda Gallagher said she is the beneficiary of the last will and testament, dated November 30, 2006.
Ms Gallagher is seeking an interlocutory injunction against a nephew of the deceased, Mr Josie Kelly, who she claims is illegally occupying the property.
A hearing of the court before Judge John Aylmer heard how Ms Gallagher said she attended the property on October 15, 2022, just a week after her partner had been killed.
She discovered that the deceased man’s nephew, Mr Josie Kelly, had ‘wrongfully or illegally entered the dwelling and changed the locks’.
A locksmith was called and a voice was heard inside the property which Ms Gallagher recognised as Mr Josie Kelly but the locksmith could not gain entry.
These details were outlined by Ms Gallagher’s barrister, Mr Gareth McGrory, instructed by solicitor Frank Dorrian who alleged that Josie Kelly had unlawfully and wrongfully trespassed and accessed the dwelling house.
It was also alleged that he had also placed padlocks on the gates and put a donkey on the lands while Ms Gallagher had been in America towards the end of October.
The property was registered in the name of Hugh Kelly who had lived in the house all his life and that it had been passed on to him by his late mother Sally Kelly.
Ms Gallagher sought an injunction to restrain the defendant, his servants or agents from trespassing, entering or making use of the lands without the express authority of the plaintiff.
Mr McGrory said his client was also seeking an injunction to have the defendant, his servants or agents to repair any damage caused following the alleged illegal trespass.
By way of background, Mr McGrory said that Ms Gallagher, who was originally from Indiana in the United States, had been in a loving relationship with the late Mr Hugh Kelly.
They both maintained separate houses but there were several pictures of Ms Gallagher in Mr Hugh Kelly’s home.
The court was told that Ms Gallagher had been left “distraught” at Mr Kelly’s sudden death and the deaths of the nine other people as well as suffering “shock, pain and sorrow” following the incident.
Mr Josie Kelly was represented in court by barrister, Mr John McCoy.
Mr Kelly said his late grandfather had wished the property to stay in the Kelly family and said he had invested over €100,000 on improvements to the property.
He had also organised crops of hay and silage on the farmland.
He said he had lived at the property since 1984, save for the years of his marriage until 2018, since which he had been living on the property.
Mr Kelly claimed that none of the plaintiff’s possessions are in the house and that he always had a key and access to the house.
“The property is my home,” he said.
Judge John Aylmer asked why Mr Josie Kelly had not exhibited anything in support of his evidence.
“The absence is striking,” he said, noting that he expected to see evidence that he has been living there since 2018 and of the €100,000 he said he had spent.
Mr McCoy said he would take the matter back to his client for further instruction and said there were ‘parallel proceedings’ before the High Court.
Judge Aylmer said he was giving a short opportunity for the defendant to put evidence before the court ‘that one would expect to support a contention that he has been living there since 2019’.
The matter was adjourned until Carrick-On-Shannon Circuit Court on Thursday-week, May 25, with both deponents to be present.