A Co. Tyrone man previously accused of unlawfully killing his elderly father, which was dropped to a lesser charge of assaulting him in the days beforehand, has avoided prison.

When Cyril Kelly (56) from Blackwater Road, Dromore first appeared in court he was charged with the manslaughter of William (John) Kelly on a date between June 15 and July 7, 2021.

However, this would later be replaced with a charge of assaulting Mr. Kelly Senior in the run up to his death on June 26, 2021.

In addition, Kelly was also charged with assaulting his mother on a date between June 25 and 30, 2021, and damaging her mobile phone.

He denied all charges but later changed his plea, and pre-sentence reports were obtained.

Omagh Magistrates Court heard this week on Tuesday, July 18, the details of the incident for the first time, beginning with hearing about the defendant’s brother, David Kelly, talking to his mother on the phone on the evening of June 26, 2021.

The court heard the defendant took the phone from his mother and shouted abuse at David Kelly, who ended the call.

David Kelly then rang his father’s phone several times, who eventually answered.

He managed to say, “Hello David” before the phone was taken from him, and the defendant could again be heard shouting vulgar abuse.

David Kelly heard his father say, “You’re not going to stop me from speaking to my son” while his mother told the defendant to stop.

He thought he heard someone speak of calling the police before the call abruptly ended, the court heard.

Two days later on June 28, 2021, Mr. Kelly Senior was taken to the South West Acute Hospital in Enniskillen where he subsequently died, aged 84, having suffered a subdural haemorrhage head injury.

Police were alerted and Kelly was arrested and interviewed several times, initially giving “no comment” replies; however, he then “became candid” and explained what happened, the court heard.

He accepted assaulting his father by shouting and placing him in fear of immediate attack; during the course of this, Mr. Kelly Senior “went to the ground”.

Kelly also admitted striking his mother with a pillow which he had been “flailing about”, then smashing her phone.

A defence barrister said on the night of the incident, Kelly had consumed more alcohol than usual, and had ceased taking regular medication for the best part of a week beforehand.

District Judge Bernie Kelly said: “This event involved elderly, vulnerable people in their own home, the one place they should have been safe. It should not have happened. I am duty bound to deem this so serious, only custody will suffice.”

Kelly was jailed for a total of six months; however, the judge decided this could be suspended for 12 months, given the guilty pleas and previously clear record.

Initially there did not appear to be any concerns in Mr. Kelly Senior’s death, but it later transpired the PSNI Major Investigation Team had launched a murder enquiry, arresting his son shortly afterwards.

He was released on bail pending further enquiries, and matters appeared dormant for some time until news broke the son had been charged with manslaughter.

Mr. Kelly Senior, a father of five and grandfather of 13, had been married for 60 years at the time of his death.

A successful shopkeeper and postmaster, he was described as: “An attentive, loving husband, father and eventually grandfather ... A quiet man of quiet strength and quiet love ... A fixture in the life of many locals ... Unassuming, with a friendly word for everyone and a harsh word for no-one.”