Judge brands Killygordon man a ‘menace’ as he avoids jail for dragging brother with van

A Killygordon man who dragged his brother along the ground while driving a van and later poured petrol over a tractor while threatening to burn it has narrowly avoided being sent to prison.

Leslie Kee stayed out of jail after paying over €10,000 in compensation to his brother, Robert, following an incident at Aveltygort, Killygordon on November 2, 2020. 

Kee was given a three-year prison term, which was fully suspended.

In passing sentence at Letterkenny Circuit Court, Judge John Aylmer told Kee that mitigation was “hard to find” given that the accused had told a probation officer that he would do it again.

Kee, who has 19 previous convictions and who was described as a “menace” by Judge Aylmer, was given a chance to cough up €10,000 to his brother.

A 44-year-old of Aveltygort, Killygordon,m Kee pleaded guilty to a charge of endangerment, contrary to section 13 of the Non-Fatal Offences Against the Person Act, 1997. The charge was that he drove a mechanically propelled vehicle at his brother Robert Kee, knocking him to the ground and continuing to drive, dragging him along the ground.

Kee also admitted a charge of threatening to damage property, contrary to section 33 of the Criminal Damage Act, 1991, relating an incident where he made a threat to damage a tractor belonging to Robert Kee.

Garda Sinead McLaughlin outlined the matter to State Barrister Ms Fiona Crawford BL.

Mr Robert Kee outlined to Gardai how he was at farmland on the day in question when a car came up behind him being driven by his brother Leslie. He said the car was parked in a lay-by with its nose pointing towards the gate. 

Mr Robert Kee said he asked for his tools back from his brother and Leslie Kee “started mouthing”. When Mr Robert Kee reached through the window, Leslie Kee got his hand in his mouth and took off. With Robert Kee holding onto the vehicle with his other hand, Leslie Kee continued to drive, whilst having his brother’s hand in his mouth, dragging him along the ground in the process.

A woman appeared on the scene and shouted for Leslie Kee to stop. Robert Kee got free and alleged that his brother “drove for me” while the woman was knocked to the ground in the process, the court heard. 

Leslie Kee then took a jar of petrol and attempted to light it, threatening to burn a tractor belonging to his brother.

When arrested and interviewed, Garda McLaughlin said the accused man “wasn’t exactly forthcoming” and was “obstructive”. The court heard that Leslie Kee made no admissions in interviews.

Leslie Kee has 19 previous convictions, including nine for assault, one for damaging property and two for using threatening or abusive behaviour.

In a victim impact statement, Robert Kee said he and his family “continue to be threatened” and feel as if they are “constantly checking” for Leslie Kee’s presence. He said they “do not feel safe” when walking to the farm.

Mr Peter Nolan BL, barrister for the defendant, said a matter between the brothers “exploded and erupted” around 2000 when Mr Robert Kee was lent money by the accused man to buy a tractor, but he subsequently sold the tractor and went to Australia with the money never repaid.

Barrister Mr Peter Nolan BL. Photo: Joe Boland (North West Newspix)

Mr Nolan outlined other familial difficulties and told the court that this represented “a very unfortunate family situation”

“The animosity between siblings and brothers is worse than between strangers,” Mr Nolan said.

A probation report said that Kee did not display victim empathy or remorse and that he minimised the impact.

In justifying his behaviour to a probation officer, Kee advised that he would do it again. Kee also outlined a similar position to his legal team.

Mr Nolan said his client had a good workload history and while he had a drink problem in the past, he does not consume alcohol.

The barristers said that Kee now accepts responsibility and added: “He just wants to stay away from his brother. It is a very unfortunate situation and the only way it can be managed is that neither party has anything to do with one another.”

Judge Aylmer said that Kee would have to show “a concrete demonstration of remorse” in order to avoid a custodial sentence. 

A week later, Kee was put in the witness box by his barrister - who indicated to the court that Kee “won’t gild the lily in any way” - and confirmed that he would pay €10,000 to his brother.

Asked by Mr Nolan what the purpose of the money was, Kee replied: “To compensate him for what happened.”

Mr Nolan asked Kee if he had any contact with his brother and the accuses said:  “Well, we pass one another”

A series of short answers continued from Kee, who told his barrister “I do, yeah” when he queried if he had remorse and if the money was an expression of that remorse, he said: “That’s right”.

Judge Aylmer asked Kee if he could put it more fulsomely to show genuine remorse. Judge Aylmer put it to Kee that the issue has been going on for around 25 years.

“It’s a family kind of thing here,” Kee told the Judge.

He added: “It will stop from now”.

Judge Aylmer said he placed the offence in the mid range and the endangerment charge merited a starting point of four years in prison while the threat to commit criminal damage merited a starting point of three years imprisonment.

“You are a menace,” Judge Aylmer told Kee. “You have been engaged in a high level of violence and threatening behaviour over the last 20 years.”

Judge Aylmer said that the occasion of dragging his brother along the ground with the vehicle “could have ended in very serious injuries”.

Judge John Aylmer. Photo: Joe Boland (North West Newspix)

The judge said there was not much mitigation to consider given that he did not cooperate with the investigation, did not display remorse, did not make admissions and did not display victim empathy. Judge Aylmer also noted that Kee had proclaimed that he would do the same again.

“That is all a matter of grave concern in this case,” Judge Aylmer said. 

Judge Aylmer added that Kee has been a hard-working man who entered a guilty plea and has been assessed as a moderate risk of reoffending.

Kee told the Probation Service that he had no desire to engage with them, but Judge Aylmer told the defendant: “I am going to make you engage with them.”

Judge Aylmer said the case was “well beyond” the threshold for community service. “It wouldn’t be severe enough punishment for the behaviour,” he said.

Kee was told that the sentences could be reduced to three years and two years respectively.

Judge Aylmer noted that Kee had proffered “somewhat limited expression of remorse” in words, but that €10,000 would be made payable.

Judge Aylmer said that he does not like having to jail family members in such disputes and Kee should see this “as absolutely a last chance”.

Judge Aylmer imposed a sentence of three years in prison on the endangerment charge and two years imprisonment on the threat to cause criminal damage charge. He said it was with an “enormous degree of hesitation” that the sentence could be suspended for a period of three years on Kee entering a bond to keep the peace and be of good behaviour for three years.

Kee was ordered to go under the supervision of the Probation Service and is to cooperate fully with the directions, including attendance at anger management and any other courses.

“This is not something that you will be able to nod off on or fail to cooperate with,” Judge Aylmer told Kee, warning him that a failure to cooperate would result in the sentences being activated.

In passing sentence, Judge Aylmer said the endangerment charge merited a starting point of four years in prison and set a headline sentence of three years for the threat to cause criminal damage.

He said that until paying over the compensation, Kee did not display any significant remorse and was “not very persuasive” from the witness box. Kee, however, was noted to have been a hard working man and had tendered an early guilty plea.

“I will restrain myself in circumstances where the compensation has been paid over,” Judge Aylmer said, reducing the sentences to three years and two years respectively.

The sentences were suspended for three years on Kee entering into a bond to keep the peace and be of good behaviour for three years. Kee must also go under the supervision of the Probation Service for 18 months and was ordered to obey all directions.

Judge Aylmer warned Kee: “I hope that is sufficient incentive to behave yourself.”