ALMOST 200 WITNESSES are involved in the case of a former US soldier charged with murdering Co Kerry sheep farmer Mike Gaine, with a nine-week trial set to begin at the Central Criminal Court in Dublin next January.
Michael Kelley, a native of Maine in the US but of no fixed abode in Tralee, Co Kerry, was sent forward for trial to the Central Criminal Court last month after being served with the book of evidence.
Kelley (54) is charged with a single count of murdering Mr Gaine (56) at Carrig, Kenmare, Co Kerry on a date unknown between 20 and 21 March 2025.
The court was told today by Michael Bowman SC, for the Director of Public Prosecutions (DPP), that there are 191 witnesses in the book of evidence and that the case is estimated to last up to nine weeks.
Brendan Grehan SC, who is leading Kelley’s defence team, today informed Mr Justice Paul McDermott that the accused is in custody in Cork Prison and that video arrangements had been made for his client to be present on video-link.
Mr Grehan said Mr Patrick Mann was originally Kelley’s solicitor but he was applying for Mr Mann to cease to act for the defendant.
Counsel went on to say that solicitor Frank Buttimer has been retained by Kelley and has consulted with the accused on three occasions, which included advising him last Friday of the “current ongoing dispute” between solicitors and the Department of Justice concerning legal aid fees.
Mr Grehan added: “Mr Buttimer has asked me to confirm that he has accepted instructions to act for Mr Kelley and that he [Mr Buttimer] has notified the DPP and the court of that”.
The barrister said Mr Buttimer was not seeking to withdraw from representing Kelley and, because the accused man is in custody, Mr Buttimer “would abide by any directions the court gives at this stage to the matter”.
Mr Justice McDermott asked counsel whether the solicitors dispute extends to custody cases in Cork. Mr Grehan said he was not in a position to speak on behalf of all the solicitors in Cork and that he could only address the court in relation to the instructions he had received from Mr Buttimer.
The judge went on to say that Kelley’s trial would take place in the Central Criminal Court in Dublin as he could not allocate a case lasting between ten and eleven weeks to Cork.
Mr Justice McDermott set a trial date for 11 January 2027 in the Central Criminal Court in Dublin. The matter was listed for case management on 9 October this year and the judge advised that all disclosure should be completed by that date.
Mr Gaine was first reported missing from his home on 21 March 2025, prompting a large-scale search of his farm and surrounding areas.
On 29 April, almost six weeks after Mr Gaine went missing, the case was upgraded to homicide.
The sheep farmer had been missing for more than eight weeks when remains found on his farm at Carrig in May 2025 were identified as those of Mr Gaine.