Kildare man receives jail sentence for death threats
In May the court was told how Mr Holmes threatened to knock this man’s home with a JCB, and claimed he was “a shapeshifter”.
A man who threatened to kill the director of Des Kelly Carpets and burn his shops, but claimed “under the blue book of the constitution of Ireland, no charge can be brought against me”, has been sentenced to nine months in jail.
Derek Holmes (54) of Rheban Cottages, Athy appeared in the district court (24 September) from custody, as he is serving a sentence “for something else”, and has an expected release date from of 19 July 2025, having began this sentence on 4 June.
Arresting officer Garda Anna Szczepen told the court that when she formally charged him that morning, his reply was: “under the constitution I am the landowner”.
Sgt Dave Hanrahan said that Mr Holmes had sent threatening notes on Messenger – “alleged threats to kill to Greg Kelly, the director of Des Kelly Interiors, on 27 August 2023”.
“Does he belong to the carpet people?” asked Judge Desmond Zaidan.
“Yes, judge,” confirmed Garda Szczepen.
“They knew each other as teenagers and he threatened to kill him, burn down his shops, blow his head off,” she said.
“He said the shops are on his land and that the injured party owed him €15m because the shops are on his land according to the constitution,” she added.
At an earlier hearing on this matter in February, Mr Holmes made certain allegations and at a later hearing in May the court was told how Mr Holmes threatened to knock this man’s home with a JCB, and claimed he was “a shapeshifter”.
At the May hearing it was revealed that Mr Holmes had attended Lakeview voluntarily and had “remained on psychiatric medication, but has developed heart problems,” according to an attending nurse, who gave evidence then.
This week, solicitor Jackie McManus revealed: “It’s concern on my face, because he needs surgery this month”.
“Hopefully it will work out for you,” said the judge.
“The bipolar medication is affecting his heart,” Ms McManus revealed.
“The medication is giving me an irregular heartbeat,” said the defendant.
“Under Section 32 of the constitution, I can’t be arrested as a landowner,” he claimed.
“The threats to kill were just a figure of speech, he’s known this man since he was a child,” said Ms McManus.
The judge then asked Garda Szczepen: “do you honestly believe he will carry out the threat?” “Listening to the voice message, his voice was shouting, it sounded serious … (but) I don’t think so, in the car back to Blanchardstown (Garda Station) he was very co-operative,” she said. The judge then sentenced Mr Holmes to nine months concurrent, which will not extend his expected release date next July.
