Creeslough victim’s home eviction row
NEPHEW ‘ILLEGALLY’ ENTERED FARM AFTER TRAGEDY
On one occasion Gustavson cooked “what appeared to be human testicles which are then plated to be eaten” and kept other body parts as “trophies”, Judge Mark Lucraft KC said.
Gustavson (46), of Haringey, north London, admitted charges including conspiracy to commit grievous bodily harm.
Yesterday Judge Lucraft sentenced him to life with a minimum 22-year term.
The judge said that Gustavson had been the mastermind of the “gruesome and grisly”, “large scale” and “extremely dangerous” enterprise.
Six other men received jail terms of between four and a half years and 12 years for their part in the sickening plot.
A NEPHEW of a man killed in the Creeslough tragedy has been ordered to leave the home of his late uncle.
Farmer Hugh Kelly (59) was one of 10 people who died when an explosion ripped through a petrol station in the Co Donegal village on October 7, 2022.
Following his death, a row erupted between Mr Kelly’s partner Linda Gallagher and his nephew Josie Kelly over the deceased man’s home and other lands at Bishop’s Island, Castledoe, Creeslough.
A courtroom battle for the house and lands has been ongoing at Letterkenny Circuit Court in recent months.
However, Judge John Aylmer has now granted an interlocutory injunction to Ms Gallagher against Josie Kelly, whom she claimed was illegally occupying the property.
The case had been mentioned a number of times but when it was called yesterday, barrister for Ms Gallagher, Gareth McGrory, BL, instructed by solicitor Frank Dorrian, said Mr Kelly was not in court and that he was not legally represented.
Mr Kelly had been legally represented by barrister Johnnie McCoy but he had come “off record” for the defendant who had indicated he was then going to the legal aid board. Mr McGrory told the court that that was six months ago and there had been no communication from the legal aid board since then.
Previously, Judge Aylmer heard Ms Gallagher attended the property on October 15, 2022 — just a week after her partner had been killed — and discovered Josie Kelly had “wrongfully or illegally entered the dwelling and changed the locks”.
Entry
The court was told a locksmith was called and a voice was heard inside, which Ms Gallagher recognised as Josie Kelly, but the locksmith could not gain entry.
It was also alleged Josie Kelly also placed padlocks on the gates and put a donkey on the land 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. Ms Gallagher sought an injunction to restrain the defendant, or agents acting on his behalf, from trespassing, entering or making use of the lands without the expressed authority of the plaintiff. Mr McGrory said his client was also seeking an injunction to have the defendant repair any damage caused following the alleged illegal trespass.
Mr McGrory explained that Ms Gallagher, originally from Indiana, had been in a relationship with the deceased. They maintained separate houses, but there were several pictures of Ms Gallagher in Hugh Kelly’s home.
The court heard Ms Gallagher had been left “distraught” at Mr Kelly’s death. Having considered the application, Judge Aylmer granted the injunction directing Josie Kelly to leave the house and not to trespass on lands without the permission of the plaintiff, Ms Gallagher. Costs were also granted to the plaintiff by Judge Aylmer as he remarked that this may well be the end of the proceedings.