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Rapist claims use of 'present perfect continuous tense' at his trial was unfair

Date
2026-05-14
Stage
Sentence
Primary locality
Killarney
County
Kerry

Summary

Paul Kelly, 47, of Killarney, Co Kerry, was convicted at a trial in November 2024 of 12 sample counts of sexual assault, two counts of oral rape, and 12 counts of anal rape of his younger brother, Anthony Kelly. The abuse occurred between 1995 and 1999 when Anthony was aged 10 to 14. Kelly, who was 16 to 20 during the offences, denied all charges but was found guilty. He was sentenced to seven and a half years' imprisonment by Ms Justice Melanie Greally. In a subsequent appeal against conviction, counsel for Kelly argued that evidence of the complainant's statement to a witness in the "present perfect continuous tense" was unfairly admitted, as it implied ongoing abuse seven years after it ended. The State's counsel rejected this as an "academic exercise on phraseology," noting the witness had also used the past tense. The appeal court, presided over by Mr Justice Patrick McCarthy, reserved its judgment to a later date. Anthony Kelly waived his anonymity to allow his brother to be named, stating the abuse caused lifelong trauma, including suicidal thoughts and self-harm.

Who, what, where, when and why

What: Report matter: Rapist claims use of 'present perfect continuous tense' at his trial was unfair. Procedural stage: sentence. Findings: Convicted

When:

Case subjects

Paul Kelly

Applicant

Finding: Convicted

Outcome: Convicted; He was jailed for seven and a half years by Ms Justice Melanie Greally.

Places mentioned

Residence

Topics

Stage Sentence Violent Crime

Related court reports

Read the original CNI report

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