Court archive

Court reports mentioning Meath

2015-01-21 · Dublin

Peter Butterly murder trial to hear more defence applications tomorrow

The Special Criminal Court will hear legal applications from the defence tomorrow in the trial of three Dubliners charged with murdering Peter Butterly, a 35‑year‑old father of two, who was shot dead in the car park of the Huntsman Inn, Gormanston, Co Meath on 6 March 2013. The accused are Dean Evans (24) of Raheny, Edward McGrath (33) of Tallaght, and Sharif Kelly (44) of Balbriggan, all of whom have pleaded not guilty to the murder charge and to firearm offences. A fourth man, David Cullen (30), who had been part of the alleged murder plan, turned State's witness and is currently serving a three‑and‑half‑year sentence for lesser offences. The court has ruled that Evans and McGrath were lawfully before the court, and the defence has received new material and will make further applications on Thursday morning.

2015-01-20 · Meath

Ruling in Peter Butterly murder trial due tomorrow

The Special Criminal Court is set to rule tomorrow on a defence application to direct a finding of not guilty for three men charged with the murder of Peter Butterly, a 35‑year‑old father of two, who was shot dead in the car park of the Huntsman Inn, Gormanston, Co. Meath, on 6 March 2013. The accused are Dean Evans (24) of Raheny, Edward McGrath (33) of Tallaght, and Sharif Kelly (44) of Balbriggan, all of whom have pleaded not guilty to the murder charge and, in the case of Evans and McGrath, to firearm offences. The trial, now in its 52nd day, also involves David Cullen (30), who was alleged to have been part of the murder plan but has turned State's witness and is currently serving a three‑and‑half‑year sentence for lesser offences. Cullen has provided evidence implicating the three men.

2015-01-19 · Dublin

Peter Butterly murder trial adjourned until tomorrow

The Special Criminal Court has adjourned the trial of three men charged with the murder of Peter Butterly, a 35‑year‑old father of two, until tomorrow. Butterly was shot dead in the car park of the Huntsman Inn in Gormanston, Co. Meath, on 6 March 2013. The accused are Dean Evans (24) of Raheny, Edward McGrath (33) of Tallaght, and Sharif Kelly (44) of Balbriggan, all of whom pleaded not guilty to the murder charge. They also pleaded not guilty to firearm offences. A fourth man, David Cullen (30), who had been involved in the murder plan, turned State's witness and is serving a three‑and‑a‑half‑year sentence for other offences. The court, presided over by Ms Justice Deirdre Murphy, heard applications for a not‑guilty finding and will continue the hearing tomorrow. The trial is in its 51st day.

2015-01-19 · Dublin

Swords District Court round-up

Swords District Court heard five matters presided over by Judge Dermot Dempsey. Mark Sheehan pleaded guilty to driving without insurance. The matter was adjourned until March 9th for a Probation & Welfare report to assess suitability for 240 hours of community service in lieu of a four-month prison sentence. Kevin Carroll pleaded guilty to causing criminal damage to a restaurant. He was remanded on continuing bail to provide €215 in compensation, with the facts of the case to be heard on March 2nd. David Lawrence, who was absent, had a guilty plea entered for being intoxicated and using threatening and abusive behaviour. He was convicted and fined €200. William Whelan pleaded guilty to holding a mobile phone while driving. He was convicted and fined €100. Marc Savage pleaded guilty to parking a lorry on a footpath. He was convicted and fined €100.

2015-01-16 · Meath

Closing submissions to be heard next week in Peter Butterly murder trial

The Special Criminal Court will hear the closing submissions of the three men charged with the murder of Peter Butterly, a 35‑year‑old father of two, on Monday. The trial began in September and has lasted almost four months. The defendants – Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44) – have pleaded not guilty to the murder and to firearm offences. A fourth man, David Cullen (30), who was involved in the planning, turned State witness and gave evidence in November implicating the three. The court has considered evidence including Cullen's testimony, clothing, fingerprints and forensic samples taken from Evans and McGrath after their arrest. The proceedings will be heard by Ms Justice Deirdre Murphy, Ms Justice Margaret Heneghan and Judge Cormac Dunne. The case is set to conclude with the court's decision on the admissibility of the evidence and the final judgment.

2015-01-15 · Meath

State closes its case in three-month-long murder trial

The State has closed its case in the Special Criminal Court trial of three Dubliners charged with the murder of Peter Butterly, a 35‑year‑old father of two, outside a Meath pub. The incident occurred on 6 March 2013 in the car park of the Huntsman Inn, Gormanston. The accused—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—had pleaded not guilty to the murder and to firearm offences. A fourth man, David Cullen (30), had previously testified against them. The prosecution's evidence, including testimony that Butterly was lured to the car park by a man who fired shots from a Toyota Corolla, was fully presented. With all evidence called, the State has formally closed its case, and the trial will continue before the judges on Friday. The summary is based solely on the article text.

2015-01-14 · Meath

Butterly murder accused told gardai he was stopped near scene of shooting because car had "conked"

In a Special Criminal Court hearing on 14 January 2015, Sharif Kelly, 44, denied that the clothing found in his car after the murder of Peter Butterly was a change of clothes for the killer. Kelly said he had been driving from tending his horse when his engine light came on and the car conked on Flemington Road. He claimed to have restarted the vehicle before Gardaí approached and arrested him. He also denied any knowledge of the murder or of following the murder vehicle. Kelly stated the duvet cover in his boot was to keep the car clean while collecting hay, not for forensic purposes. DNA evidence linked tracksuit clothing to Dean Evans, a balaclava and gloves to Evans, and a wig to Edward McGrath. The trial was in its 48th day, with prosecution evidence to finish on Thursday. Sharif Kelly pleaded not guilty. Dean Evans pleaded not guilty. Edward McGrath pleaded not guilty.

2015-01-13 · Meath

Firearms residue found on clothing of two men on trial for Butterly murder

In a Special Criminal Court hearing, forensic evidence was presented linking firearms residue to the clothing of two of the three men charged with the 2013 murder of Peter Butterly. Dr John O'Shaughnessy testified that a grey jumper worn by Dean Evans and a grey jacket worn by Edward McGrath contained gunshot residue. DNA analysis of items linked to Sharif Kelly's wife's vehicle revealed a match to Evans on a tracksuit, a balaclava and gloves, and a match to McGrath on a black wig. The court heard that DNA can be transferred between individuals and persist for long periods. The trial, now in its 47th day, is expected to conclude with the prosecution's evidence on Wednesday, before a three‑judge panel presided by Ms Justice Deirdre Murphy. The defendants remain not guilty on all charges.

2014-12-23 · Louth

Men charged before Special Criminal Court on separate offences granted bail

Two men from Louth were granted bail by the Special Criminal Court pending the service of a book of evidence for separate offences. Michael Connolly, 42, of Dundalk was charged with membership of an unlawful organisation, the Irish Republican Army, on 16 December. Brian Fitzpatrick, 49, of Dundalk was charged with two counts of possession of an explosive substance under suspicious circumstances, alleged to be two complete Improvised Explosive Devices, on the same day at Mitchelstown Cross, Castletown, Navan, Co. Meath. Mr Justice Tony Hunt, presiding with Ms Justice Margaret Heneghan and Judge William Hamill, ordered bail for both men on terms agreed with counsel. The conditions include daily signing at Dundalk Garda station, a curfew from 11 pm to 7 am, surrendering passports, remaining within the jurisdiction, residing at addresses known to Gardaí and providing a mobile phone number for contact. Independent sureties of €20,000 each and bonds of €100 were set, and legal aid was granted.

2014-12-23 · Dublin

Pet shop burglars caused over €600 worth of birds to die

In a Swords District Court hearing, two men, Sean Brady (34) and Damien Byrne (45), pleaded guilty to burglary at Kinsealy Pet Store on 24 October 2013. Brady also pleaded guilty to careless driving. Garda evidence showed the owner, Aidan O'Connor, discovered an intruder around 10.30 pm, and the store's doors were left open, causing €660 worth of birds to die from cold exposure. Blood at the scene matched Brady's DNA. O'Connor saw a male fleeing the aviary toward a red BMW, struck the vehicle with a hatchet, and had to jump out of the way. Garda Kevin Farrell noted the BMW, driven by Byrne, was stopped at Artane Roundabout. Brady, with ten prior convictions, will have his case sent back to Trim Circuit Court for a Section 99 re‑entry on 3 February next year.

2014-12-19 · Dublin

Peter Butterly murder trial adjourned until New Year

The Special Criminal Court has adjourned the trial of three men charged with the murder of Peter Butterly, a 35‑year‑old father of two, until the New Year. Butterly was shot dead in the car park of the Huntsman Inn in Gormanston, Co. Meath, on 6 March 2013. The accused are Dean Evans (24) of Raheny, Edward McGrath (33) of Tallaght, and Sharif Kelly (44) of Balbriggan, all of whom pleaded not guilty to the murder charge and to firearm offences on the same day. The trial, which entered its 45th day, also heard that David Cullen (30), who had previously been involved in the plan, had turned State's witness and is serving a three‑and‑half‑year sentence for other offences. Justice Deirdre Murphy announced that the case would resume on 13 January.

2014-12-18 · Dublin

Court to rule in the New Year on evidence admissibility in Peter Butterly murder trial

The Special Criminal Court will decide on the admissibility of a set of evidence in the trial of three men accused of murdering Peter Butterly, a 35‑year‑old father of two, who was shot dead in the car park of the Huntsman Inn, Gormanston, Co. Meath, on 6 March 2013. The defendants – Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44) – have pleaded not guilty to the murder charge and to firearm offences. A fourth man, David Cullen (30), who had been involved in the murder plan, turned State's witness and is serving a three‑and‑a‑half‑year sentence for lesser offences. The trial has heard that Butterly was lured to the car park by an unknown man, shots were fired at his vehicle and again when he tried to flee, and he was found collapsed by a lone Garda and pronounced dead shortly thereafter.

2014-12-18 · Louth

Two Louth men charged before Special Criminal Court

Two men from Louth, aged 42 and 49, were brought before the Special Criminal Court on 18 December 2014. Michael Connolly of Dundalk was charged with membership of an unlawful organisation, the Irish Republican Army (IRA). Brian Fitzpatrick of Dundalk was charged with two counts of possession of an explosive substance under suspicious circumstances, alleged to be two complete improvised explosive devices (IEDs). Both men were arrested on 16 December at the same car park outside Drogheda Garda Station. Connolly denied membership of the IRA when cautioned, and Fitzpatrick denied possession of explosives. Garda Colm Finnerty and Detective Garda Niall Armstrong gave evidence of the arrests, charges and cautions. The court granted an order to preserve any external CCTV footage from Drogheda Garda Station and remanded both men in custody until Tuesday, when Connolly will apply for bail and legal aid.

2014-12-17 · Dublin

Chronic addict gets seven-year sentence for string of offences committed while on temporary release from prison

Owen Comerford, 27, of Dublin 1, was sentenced at Dublin Circuit Criminal Court for multiple theft and robbery offences committed between April 2, 2012, and January 9, 2013. He pleaded guilty to charges including robbing Slovak Point on Arran Quay twice in April 2012 and stealing from Decobake on Bachelor's Walk. Judge Mary Ellen Ring noted that six offences occurred while he was on temporary release from Mountjoy Prison. Comerford also admitted to robbing €200 from The Butler's Pantry in Sandycove on May 8, 2012, alongside co-accused Shane Pollard, 41. Pollard, who has 29 previous convictions, received a three-year sentence with the final two years suspended, consecutive to a four-year term he is serving for another robbery. Comerford, who has 131 previous convictions, was also charged with escaping from lawful custody at Donnybrook Garda Station in July 2012 and was rearrested on August 9, 2012. His final offence involved robbing a pharmacy at Summerhill Parade on January 9, 2013, where he brandished a knife. Judge Ring imposed a seven-year sentence on Comerford, with one year suspended. Defence counsel Michael Bowman SC highlighted Comerford's severe drug addiction and requested an adjournment to secure a treatment bed at Tiglin Residential Treatment Centre, but the court proceeded to sentence him.

2014-12-17 · Dublin

Non-jury murder trial hearing submissions on evidence admissibility

The Special Criminal Court is hearing submissions on the admissibility of a tranche of evidence in the non‑jury murder trial of three men charged with the killing of Peter Butterly, a 35‑year‑old father of two, who was shot dead in the car park of the Huntsman Inn, Gormanston, Co. Meath on 6 March 2013. The defendants – Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44) – have pleaded not guilty to the murder charge and to firearm offences. A fourth man, David Cullen (30), who had been involved in the murder plan, turned State's witness and is serving a three‑and‑a‑half‑year sentence for lesser offences. The court has heard that Butterly was lured to the car park by another man, shots were fired at his vehicle and again when he tried to flee, and he was found collapsed by a lone Garda and pronounced dead shortly thereafter.

2014-12-16 · Dublin

Dublin man jailed for nine years for falsely imprisoning father-of-one who was later found dead

Mark Allen, 36, of Mulhuddart, was sentenced at Dublin Circuit Criminal Court for falsely imprisoning Ciaran Noonan on October 20, 2011. Allen pleaded guilty to this charge, as well as destroying phone evidence. The court noted that Allen was not charged with the victim's death, though Judge Patrick McCartan stated Allen's actions ultimately led to Mr Noonan's death. Allen received a nine-year prison sentence. Co-accused Daniel Quinn, 24, of Balbriggan, pleaded guilty to unlawfully killing Mr Noonan between October 20 and November 4, 2011, and destroying phone evidence. Lynn Issacson, 34, of East Wall, pleaded guilty to destroying phone evidence on October 20, 2011, and received a three-year suspended sentence. The court heard that Mr Noonan, a father-of-one, was abducted from Russell Avenue, East Wall, after owing Allen drugs money. His body was found near Trim on November 4, 2011. A post-mortem revealed neck compression as the cause of death. Allen had previously skipped bail conditions and was arrested in Holland earlier this year. The judge expressed sympathy for the Noonan family, describing the victim as a young man who was dearly loved and whose departure left his family deeply traumatised.

2014-12-16 · Meath

Witness tells murder trial his former co-accused are "screwed" due to evidence against them

In a murder trial in Dublin, a former co‑accused turned State witness, David Cullen, testified that his former co‑accused were "screwed" because of the evidence against them. The Special Criminal Court found Cullen's evidence admissible. The case concerns the 2013 shooting death of Peter Butterly, a 35‑year‑old father of two, in the car park of the Huntsman Inn, Gormanston. The accused are Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44), all of whom pleaded not guilty to murder and, for Evans and McGrath, to firearm offences. Cullen, aged 30, had previously been involved in the murder plan and is now serving a three‑and‑a‑half‑year sentence for other offences. Gardaí and the Prison Service implemented extra security for his testimony, which caused long queues outside the Criminal Courts of Justice.

2014-12-15 · Dublin

Dublin man has 10-year jail term for possession of cocaine reduced after successful appeal

Stephen Geraghty, aged 50, of Clondalkin, had originally received a ten‑year prison sentence for possession of €350,000 worth of cocaine in 2004, to run consecutively with a two‑year sentence for a 2003 cannabis offence. The Court of Appeal quashed the ten‑year term because Geraghty had not been convicted of the 2003 offence at the time he committed the 2004 offence; he was on bail and later absconded. He was convicted of both offences on 2 February 2010 after surrendering to Gardaí in 2009. The Court held that the mandatory ten‑year minimum applies only when a prior conviction exists before the second offence. Consequently, it imposed a new seven‑year sentence with 18 months suspended, back‑dated to 16 April 2011, and a five‑and‑a‑half‑year term for the 2004 offence, to run consecutively. The decision was made by Ms Justice Mary Finlay Geoghegan, Mr Justice Garrett Sheehan and Mr Justice Gerard Hogan. Stephen Geraghty pleaded guilty.

2014-12-11 · Meath

Special Criminal Court to rule next week on admissibility of prosecution witness evidence

The Special Criminal Court will decide on Tuesday whether a prosecution witness's evidence is admissible in the trial of three Dublin men charged with the murder of Peter Butterly, a 35‑year‑old father of two, who was shot dead in the car park of the Huntsman Inn, Gormanston, Co. Meath, on 6 March 2013. The defendants—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—have pleaded not guilty to the murder and to firearm offences. The trial, now in its 42nd day, has heard that Butterly was lured to the car park by another man, that a Toyota Corolla entered the car park and shots were fired at his vehicle, and that further shots were fired when he tried to flee. CCTV footage captured vehicles entering and exiting the car park but did not show the killing.

2014-12-10 · Meath

Non-jury court to rule on admissibility of key witness evidence

The Special Criminal Court is set to decide whether a prosecution witness's evidence can be admitted in the case of three men charged with the murder of Peter Butterly, a 35‑year‑old father of two, who was shot dead in the car park of the Huntsman Inn in Gormanston on 6 March 2013. The defendants—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—have pleaded not guilty to the murder and to firearm offences. The trial, now in its 41st day, has heard that Butterly was lured to the car park by an unknown man, that a Toyota Corolla entered the premises, and that shots were fired at his vehicle and again when he tried to flee. CCTV footage captured vehicles entering and leaving the car park but did not show the killing. A witness was heard in a 'Voir Dire' today, and the court will later rule on the admissibility of that witness's evidence.

2014-12-09 · Meath

Dublin man jailed for hijacking taxi which later crashed, causing death of teenage cousin

Thomas McDonagh, aged 21, was jailed for three years after hijacking a taxi on 27 March 2012 in Dublin. He forced the driver to take him and his 16‑year‑old cousin Bernard McDonagh into the vehicle. The taxi later crashed near Slane Castle in County Meath, killing Bernard hours after the collision. McDonagh suffered serious injuries, including a broken spine and brain damage, and now has epilepsy and other medical problems. He was already on bail for a 2011 robbery and had a six‑year sentence for that offence. Judge Mary Ellen Ring suspended the last two years of a five‑year sentence on the condition that McDonagh engage with Probation Services after release. The sentence runs consecutively to the sentence he is currently serving. The court heard McDonagh apologized and expressed remorse, and noted his history of ten previous convictions, including robbery.

2014-12-09 · Dublin

Former murder accused turned State's witness tells trial he would have "lied through his teeth" if he stood trial for murder

The trial of Dean Evans, Edward McGrath, and Sharif Kelly for the alleged murder of Peter Butterly and related firearm offences continued at the Special Criminal Court. All three defendants, who are accused of killing the 35-year-old father of two in Gormanston, Co Meath, have pleaded not guilty. Evans and McGrath also face firearm charges on the same occasion. On the fortieth day of the trial, David Cullen, a former accused who turned State's witness, testified that he would have "lied through his teeth" if he had stood trial for murder. Cullen admitted to a history of dishonesty, including lying to gardai and committing thefts, but denied being prepared to commit perjury. He stated he would lie to avoid life imprisonment. The prosecution alleges Cullen was part of the murder plan before his cooperation. The court heard evidence regarding Cullen's credibility and past criminal conduct, including a faked burglary and theft of rings and a phone. The trial is ongoing, with no findings, sentences, or finalisations recorded at this stage.

2014-12-05 · Meath

Non-jury court watches CCTV captured at scene of shooting of dissident republican

The Special Criminal Court examined CCTV footage from the car park of the Huntsman Inn in Gormanston, where Peter Butterly, a 35‑year‑old father of two, was shot dead on 6 March 2013. Three Dublin men—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—are on trial for his murder and have pleaded not guilty. Evans and McGrath also pleaded not guilty to firearm offences. The footage shows vehicles entering and exiting the car park but does not capture the shooting. Witnesses, including Detective Garda Shane Curran, were heard in a 'Voir Dire' session, and the court will decide later whether the footage is admissible. The trial continues with Justice Deirdre Murphy presiding, and McGrath's legal team will cross‑examine David Cullen, a former co‑accused who has turned State's witness. The case remains at the trial stage.

2014-12-05 · Meath

Impoverished Vietnamese trafficked in to Ireland to cultivate cannabis have balance of new sentences suspended

Two Vietnamese nationals, Ba Nguyen (44) and Ha Nguyen (49), were found guilty of cultivating cannabis at a commercial premises in County Meath on 20 November 2012. They had been trafficked into Ireland and lived in rudimentary conditions on site. The original sentences of six years each, with the final two years suspended, were imposed by Judge Michael O'Shea on 14 November 2013. On 5 December 2014 the Court of Appeal, led by Justice Garrett Sheehan, imposed new three‑year sentences and unconditionally suspended the balance of those sentences from that day. The court cited the defendants' impoverished circumstances, lack of prior convictions, and the fact that they were not free agents in determining the reduced, suspended sentences. The decision was upheld by President Justice Seán Ryan. The defendants had no significant financial gain from the operation and were not involved in its financing or logistics.

2014-12-04 · Meath

Former murder accused turned State's witness denies entering witness protection would be "attractive"

The trial of Dean Evans, Edward McGrath, and Sharif Kelly for the murder of Peter Butterly is continuing before the Special Criminal Court. The three defendants, who are alleged to have murdered the 35-year-old father of two and committed firearm offences on the same occasion, have all pleaded not guilty. During cross-examination, State witness David Cullen, a former co-accused who turned State's witness, denied that joining the Witness Protection Programme would be an attractive option. Defence counsel for Sharif Kelly suggested Cullen had little to lose and that leaving Ireland would be a fresh start, citing Cullen's limited family connections. Cullen rejected this characterization, though he acknowledged a phone conversation with his father where he described going abroad as a "fresh start" to escape local issues. Cullen, who is currently serving a three-and-a-half-year sentence for lesser offences, agreed he faced a serious risk of a life sentence for the Butterly murder. He also acknowledged offering the State information on other high-profile murders to secure his deal. The trial is proceeding before a three-judge, non-jury court presided over by Ms Justice Deirdre Murphy.

2014-12-02 · Meath

Court to examine communications between chief prosecution witness in murder trial and his solicitor

The Special Criminal Court has ordered an examination of the communications between David Cullen, the chief prosecution witness in the murder trial of Peter Butterly, and his solicitor from 6 March 2013 to 5 June 2014. Cullen, who was a co‑accused in the case and later became a State witness in June 2014, has already been dealt with by the court for lesser offences. He has agreed to voluntarily disclose documents relating to his communications with his solicitor since 5 June 2014, but this does not waive his claim to legal professional privilege. Defence lawyers sought disclosure of all communications, but Cullen claimed privilege during cross‑examination after giving evidence implicating the three accused men—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—in the murder of the 35‑year‑old Peter Butterly in the car park of the Huntsman Inn, Gormanston, Co. Meath on 6 March 2013. Dean Evans pleaded not guilty. Edward McGrath pleaded not guilty.

2014-12-01 · Dublin

Swords District Court round-up

Swords District Court heard four matters. Jandean Hyland pleaded guilty to assault causing harm after allegedly headbutting a victim at a nightclub. Judge Dempsey ordered Hyland to pay €1,250 in compensation by February 23rd to avoid a conviction. Keith Hammond pleaded guilty to using violent and threatening behaviour at a Garda station. The case was remanded until January 15th to assess suitability for an Adult Caution. Arthur Creedy pleaded guilty to theft for using a receipt to refund stolen runners. Judge Dempsey sentenced him to one month in prison, stating he would not increase his current sentence. Patrick Clarke was found guilty of driving without a licence and no tax after the judge proceeded in his absence. He was fined €200 for no tax and €100 for driving without a licence. A charge of no insurance was dismissed. All proceedings were handled by Judge Dermot Dempsey.

2014-12-01 · Meath

12-year sentence for cannabis possession set aside in case that raised "important question" for drugs offences

The Court of Appeal set aside a 12‑year prison sentence imposed on Stephen Geraghty, 50, for possession of €4 million worth of cannabis and €350 000 of cocaine. Geraghty had pleaded guilty to the two offences in 2011, but the Director of Public Prosecution accepted that errors had been made in the sentencing. The appeal centred on whether a second offence under the Misuse of Drugs Act, amended in 2007, could be convicted when the defendant had not yet been convicted of the first offence. The court held that a mandatory minimum sentence for a second offence requires a prior conviction, and that the 2007 amendment could not apply retrospectively to Geraghty's case. The court therefore vacated the sentence and will impose a new one on 15 December. Geraghty was not present at the hearing and is suffering from a terminal illness. The decision will be fully reasoned in a reserved judgment at a later date.

2014-11-28 · Meath

Court to rule next week on disclosure of communications between chief prosecution witness and his solicitor

The Special Criminal Court will rule on Tuesday regarding the disclosure of communications between the chief prosecution witness and his solicitor. This procedural issue arose on the 35th day of the trial of Dean Evans, Edward McGrath, and Sharif Kelly, who are accused of murdering dissident republican Peter Butterly. All three defendants have pleaded not guilty to the murder of the 35-year-old father of two. Evans and McGrath have additionally pleaded not guilty to firearm offences on the same occasion. The court heard that David Cullen, the State's witness, agreed to disclose documents relating to his communications with his solicitor since June 5, 2014. However, the State maintained this was not a general waiver of legal professional privilege, while defence lawyers sought disclosure of all such communications. Cullen, who is currently serving a three-and-a-half-year prison sentence, allegedly turned State's witness after being part of the murder plan. He implicated the three accused in Butterly's shooting in the car park of the Huntsman Inn, Gormanston, Co Meath, on March 6, 2013. During cross-examination, Cullen raised privilege claims and requested to speak to his solicitor, a request the court initially refused before acceding to it. The three-judge, non-jury court will consider its ruling on the disclosure matter over the weekend.

2014-11-27 · Meath

Chief prosecution witness in murder trial agrees to disclose some communications with solicitor

The Special Criminal Court heard that chief prosecution witness David Cullen has agreed to voluntarily disclose some communications with his solicitor, Mr Dominic Mc Ginn SC, to the defence. This disclosure covers documents from June 5, 2014, but does not constitute a general waiver of his claim to legal professional privilege. Prosecuting counsel Ms Una Ni Raifeartaigh SC noted that Cullen previously refused to answer cross-examination questions regarding these communications, asserting his privilege. The court is currently hearing legal submissions on the scope of this disclosure, as defence lawyers seek access to all such communications. Cullen, who is serving a three-and-a-half-year prison sentence, allegedly turned State's witness after being part of the murder plan. He implicated the three accused in the shooting of dissident republican Peter Butterly, a 35-year-old father of two, in the car park of the Huntsman Inn, Gormanston, Co Meath, on March 6, 2013. The defendants are Dean Evans (24), Edward McGrath (33), and Sharif Kelly (44). All three have pleaded not guilty to the murder charge. Evans and McGrath have additionally pleaded not guilty to firearm offences on the same occasion. The trial, which is on its 34th day, is continuing.

2014-11-26 · Wicklow

Couple claim NAMA demands could have adverse impact on their businesses

In a High Court case, Jarlath and Lorraine Sweeney argue that National Assets Management Agency (NAMA) demands for additional security to keep their loan facilities operational would force them to commit a criminal offence under Irish company law. The couple, shareholders in several property‑related companies and owners of hotels such as the Esplanade and Wilton Hotels in Bray, secured loans of about €25 million from Anglo Irish Bank in 2009, later acquired by NAMA. They have provided assets of their companies as security but refuse to offer the unencumbered Summerhill House Hotel in Enniskerry, owned by companies where Mrs Sweeney is principal shareholder, as additional collateral. They claim NAMA's demand is unlawful, disproportionate and unreasonable, and that complying would breach company law because a statutory declaration and independent report are required, which they cannot obtain.

2014-11-26 · Meath

Pair lose appeals against ten year jail terms for possession of €1.2m worth of cannabis

Two men, Jason Keogh (50) of Laytown, Co Meath, and Niall O'Leary (42) of Castledermot, Co Kildare, each pleaded guilty to possession of drugs for sale or supply at Bettystown, Co Meath, on 20 July 2011. They were each sentenced to 13 years' imprisonment, with the final three years suspended, by Judge Michael O'Shea at Trim Circuit Criminal Court in 2012. The Court of Appeal dismissed their appeals against the sentence. The case stemmed from a Garda National Drugs Unit surveillance operation in Swords, Co Dublin, where Keogh was seen collecting seven blue barrels of cannabis from an industrial estate and transporting them to a rented house in Bettystown. A search warrant led to the discovery of about 100 kg of vacuum‑packed cannabis, estimated at €1.2 million street value. Keogh and O'Leary were paid €5,000 and €2,500 respectively for their roles.

2014-11-26 · Dublin

Non-jury court reserves decision on whether counsel advising main prosecution witness has "right of audience" during trial

The Special Criminal Court has reserved its decision on whether senior counsel Dominic Mc Ginn SC has a right of audience to advise the main prosecution witness, David Cullen, during the ongoing trial. The procedural issue arose on the thirty-third day of the trial, where Cullen claimed legal professional privilege over communications with his solicitor during cross-examination. Presiding Judge Ms Justice Deirdre Murphy described the situation as unprecedented and directed that Mc Ginn be provided with relevant trial extracts to advise Cullen on the nature of the disclosure sought by the defence. The defence was ordered to supply a list of the information they seek to disclose to ensure a fair trial. The court will hear further submissions on the disclosure issue tomorrow. The trial concerns the alleged murder of Peter Butterly, a 35-year-old father of two, who was shot dead in the car park of the Huntsman Inn in Gormanston, Co Meath, on March 6, 2013. Defendants Dean Evans, Edward McGrath, and Sharif Kelly have all pleaded not guilty to the murder charge. Evans and McGrath have additionally pleaded not guilty to firearm offences on the same occasion. Cullen, who allegedly turned State's witness, had previously implicated the three accused in the killing. The matter remains at the pre-trial or trial stage regarding procedural rights, with no final verdict or sentence issued.

2014-11-25 · Meath

Two counsel assigned to advise former murder accused turned State's witness in "unprecedented situation"

The Special Criminal Court has ordered that two counsel be assigned to advise David Cullen, the chief prosecution witness, during his cross-examination in the ongoing trial of three men accused of murdering Peter Butterly. Presiding Judge Deirdre Murphy described the situation as unprecedented, noting a lack of superior court guidance regarding legal professional privilege. The court directed that excerpts from Cullen's previous evidence be made available to his legal team, a move opposed by the defence. Cullen, who pleaded guilty to the unlawful possession of a semi-automatic pistol at the Huntsman Inn and was jailed for three-and-a-half years in July, turned State's witness after a nolle prosequi was entered on the murder count. He testified that he was tasked with picking up a gun outside Gormanston College, where he was arrested after it was thrown from a car. The trial continues before a three-judge non-jury court. Dean Evans, Edward McGrath, and Sharif Kelly have all pleaded not guilty to murdering the 35-year-old father of two. Evans and McGrath have additionally pleaded not guilty to firearm offences on the same occasion. The matter remains at the trial stage, with the court proceeding with the cross-examination of the State's witness.

2014-11-24 · Meath

Devoutly religious man caught red-handed with €1.4m worth of cocaine loses appeal against sentence

Adiodan Kamoru Kareem, 36, was sentenced to ten years' imprisonment for possessing €1.4 million worth of cocaine with intent to sell or supply. He pleaded guilty in May 2011 and was convicted by Judge Michael O'Shea at Trim Circuit Court on 17 February 2012. The appeal against the sentence was dismissed by Mr Justice Seán Ryan on 24 November 2014. Ryan described Kareem as a "devoutly religious" man who had no history of drinking or smoking. He was "caught red-handed" when Gardaí seized a false diplomatic package that had been delivered to a car park in Navan, from which Kareem collected a car and drove to an apartment where a search uncovered the cocaine, €100,000 in cash, mixing agents, a pharmaceutical drug, plastic bags and other paraphernalia. The Court of Appeal confirmed that the mandatory minimum of ten years was justified and that the circumstances did not render the sentence unjust.".

2014-11-24 · Laois

Bradley brings High Court action over dental treatment in prison

Alan Bradley, currently serving a prison sentence, has brought a High Court action against the Minister for Justice and Equality, the Irish Prison Service, and the Governor of Portlaoise Prison to compel the provision of orthodontic treatment. Bradley, who is incarcerated at Portlaoise, alleges that despite an independent expert report confirming his entitlement to treatment under HSE criteria, his request has been denied. His counsel, Dominic McGinn SC, argued that the failure to provide care is irrational and unreasonable, noting that Bradley has suffered severe pain for over a year. Mr Justice Paul McDermott granted leave to bring the application on an ex parte basis and adjourned the matter to a date in mid-December. The court heard that Bradley pleaded guilty in 2012 to conspiring to steal cash from a Chubb Ireland security van in 2007. Judge Tony Hunt originally sentenced him to nine years, with the final two suspended. On appeal, the Court of Criminal Appeal reduced this to eight years, with the final 18 months suspended. His brother, Wayne Bradley, also pleaded guilty to the offence. He was initially sentenced to seven years with 18 months suspended, a term the CCA reduced to six years with the final year suspended. Three other men, including a Chubb employee, were also sentenced for their roles in the incident.

2014-11-20 · Meath

Former murder accused turned State's witness given permission for consultation during cross-examination

The Special Criminal Court trial of Dean Evans, Edward McGrath, and Sharif Kelly, who are accused of murdering Peter Butterly at the Huntsman Inn in March 2013, continued with procedural developments regarding State witness David Cullen. Evans, McGrath, and Kelly have pleaded not guilty to the murder, while Evans and McGrath also face firearm charges. Cullen, who previously pleaded guilty to unlawful possession of a semi-automatic pistol and was jailed for three-and-a-half years, entered the witness box to request a consultation with his solicitor before continuing his cross-examination. Although the court initially refused, presiding Justice Deirdre Murphy ultimately granted the request, noting it was appropriate for the witness to receive legal advice on arising issues. Cullen had previously testified that he was part of a plan to pick up a gun, which he later claimed was used in the killing. He described receiving ammunition from Evans and witnessing a gun thrown from a car near Gormanston College. The court heard that Butterly was shot in the car park after being lured there. The trial, which involves a non-jury panel, was adjourned to continue on Tuesday before Justices Murphy, Heneghan, and Judge Dunne.

2014-11-19 · Meath

Former murder accused turned State's witness wanted to give evidence from behind security glass, trial hears

The Special Criminal Court trial of Dean Evans, Edward McGrath, and Sharif Kelly, who are accused of murdering Peter Butterly at the Huntsman Inn in Gormanston on March 6, 2013, continues before a three-judge bench. All three defendants have pleaded not guilty to the murder charge; Evans and McGrath also face firearm offences. Former co-accused David Cullen, who pleaded guilty to unlawful possession of a semi-automatic pistol and was sentenced to three-and-a-half years in July, testified as a State witness. Cullen admitted requesting to give evidence behind security glass to avoid public view, citing safety concerns, though he had not yet been accepted into the Witness Protection Programme. He alleged that Kelly and an unidentified man, MD, recruited him to retrieve a gun, which was later thrown from a car near Gormanston College. Cullen stated Evans and McGrath stayed at his apartment the night before the killing, with Evans providing ammunition and McGrath bringing a bag containing a gun and disguises. The court heard Butterly was lured to the car park, where shots were fired at his vehicle and then at him as he fled. The trial is ongoing and was not adjourned or finalised during this reporting period.

2014-11-18 · Dublin

Former murder accused gives evidence for prosecution at Peter Butterly murder trial

The Special Criminal Court heard evidence from David Cullen, a former murder accused who turned State's witness, in the ongoing trial of Dean Evans, Edward McGrath, and Sharif Kelly. The three men have pleaded not guilty to the murder of Peter Butterly, who was shot dead in the car park of the Huntsman Inn, Gormanston, Co Meath, on March 6, 2013. Evans and McGrath also face firearm offences at the same location and date. Cullen, who pleaded guilty to the unlawful possession of a 9mm Beretta pistol at the scene, was jailed for three-and-a-half years in July. His plea was accepted by the DPP, resulting in a nolle prosequi on the murder count. Cullen testified that he was instructed to pick up a gun outside Gormanston College on the day of the shooting, identifying Evans and McGrath as individuals present at his apartment beforehand. He claimed Evans provided ammunition and that McGrath retrieved a bag containing the firearm and disguises. Cullen stated he was arrested immediately after picking up the gun. Under cross-examination, he denied planning the murder, stating he did not commit it and sought to avoid a life sentence. The court, presided over by Ms Justice Deirdre Murphy, warned against disruption as Cullen's evidence caused significant security arrangements and queues. The trial continues before a three-judge panel.

2014-11-18 · Meath

Feelings "running high" as former accused turned State's witness called to give evidence in murder trial

In the Special Criminal Court on 18 November 2014, a security operation created long queues as the court prepared to hear evidence from former co‑accused David Cullen, now a State witness. Judge Deirdre Murphy noted the high emotions in the courtroom and urged calm. The case concerns the 2013 murder of Peter Butterly, 35, shot in the car park of the Huntsman Inn, Gormanston. Three men—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—have pleaded not guilty to the murder and to firearm offences at the same location. Cullen, 30, had been part of the alleged murder plan but turned State witness earlier that year. He identified the accused, described being told to retrieve a gun from outside Gormanston College around 2 p.m. on the day of the shooting, and recounted the sequence of shots fired at Butterly's vehicle.

2014-11-17 · Meath

Man hijacked taxi which later crashed and caused death of teenage cousin

In 2012, Thomas McDonagh, aged 21, hijacked a taxi on Tyrconnell Road, Inchicore, using force or threat of force. His cousin, Bernard McDonagh, 16, was also in the vehicle. After the hijacking, the taxi crashed into another car near Slane Castle, County Meath. Bernard died from his injuries hours later; Thomas suffered serious injuries, including a broken spine and brain bleeding, and now has epilepsy and other medical issues. The incident was reported to Gardaí, who described the hijackers and the taxi. Thomas was arrested six months later, admitted the hijacking, apologized, and expressed remorse. He has ten prior convictions, including robbery, and was remanded in custody for sentencing on December 9. The court adjourned sentencing to await guidelines on hijacking cases. The case is pending sentencing.

2014-11-14 · Meath

Woman who was living in her car avoids jail over cannabis possession

Deirdre Griffin, aged 25, was found in possession of a bar of cannabis resin worth €1,476 after her ex‑boyfriend could not pay for diesel he had added to his van. She was living in her car at the time of the offence and had a history of six road‑traffic convictions. Griffin pleaded guilty at Dublin Circuit Criminal Court and was given an 18‑month sentence, which the judge suspended in full on strict conditions. The judge noted her efforts to turn her life around, her stable relationship with a new partner, and her drug‑free status. Her former partner, Christopher O'Toole, received a five‑year suspended sentence for possession of €26,000 of the controlled drug PVP ("snow blow") found in the van, of which Griffin had no knowledge. The court considered the circumstances of her living situation and her past caregiving role for her mother, who died of cancer in 2004.

2014-11-14 · Dublin

Security arrangements being made for evidence of former murder accused turned State's witness

Security arrangements are being prepared for a former murder suspect who has become a prosecution witness in the Special Criminal Court trial of three men charged with the murder of Peter Butterly. The accused, Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44), have pleaded not guilty to the killing of Butterly, who was shot dead in the car park of the Huntsman Inn on 6 March 2013. They also face firearm charges. David Cullen (30), who was allegedly part of the murder plan, has turned State's witness. Counsel for the DPP, Alex Owens SC, announced that Cullen will be called first on Tuesday, with security measures to be arranged by Gardaí and the Irish Prison Service. The court has directed that evidence from the National Surveillance Unit remain confidential, and that members of the public be excluded from the courtroom during their testimony.

2014-11-14 · Dublin

Secret garda evidence concludes in murder trial

In a Special Criminal Court hearing on the murder of Peter Butterly, the last National Surveillance Unit officer to give secret evidence left the courtroom through the custody area. The court ordered that no evidence or identities of the NSU officers be made public and that the public be excluded from the courtroom during their testimony to protect the officers' physical characteristics and the unit's methodology. The prosecution, led by Úna Ní Raifeartaigh SC, noted that the NSU witnesses had been fully presented and no further public exclusion was required. The trial, presided over by Justice Deirdre Murphy, Justice Margaret Heneghan and Judge Cormac Dunne, also entered a voir dire to decide on the legality of the accused men's arrest, detention and vehicle searches. The case involves four men—Dean Evans (24), Edward McGrath (33), Sharif Kelly (44) and David Cullen (30)—who pleaded not guilty to the murder and related firearm offences.

2014-11-13 · Meath

Gardai continue to give secret evidence in Peter Butterly murder trial

On 13 November 2014, the Special Criminal Court heard secret evidence from members of the National Surveillance Unit (NSU) regarding the murder of Peter Butterly, who was shot dead in the car park of the Huntsman Inn, Gormanston, County Meath, on 6 March 2013. The court directed that no NSU evidence or identities be made public and that the public not be present during NSU testimony. Two NSU members gave evidence and left through the custody area to avoid identification. The trial, day 27, involves three men—Dean Evans (24), Edward McGrath (33), and Sharif Kelly (44)—who pleaded not guilty to Butterly's murder and to firearm offences at the same location and time. A fourth man, Dave Cullen (30), is a State witness. Prosecuting counsel, Úna Ní Raifeartaigh SC, described how Butterly was lured to the car park, shot at his vehicle, and later found collapsed by a lone Garda, dying shortly thereafter. The trial continues.

2014-11-12 · Meath

Non-jury court rules arrest of three murder accused was lawful

The Special Criminal Court has ruled that the arrest of three men accused of the murder of dissident republican Peter Butterly in Co Meath in 2013 was lawful. The court heard that the three accused, Dean Evans (24), Dublin Edward McGrath (33), and Sharif Kelly (44), were detained by members of the National Surveillance Unit shortly after the fatal shooting. Defence lawyers had argued that the arrest and detention of the men was unlawful and that their constitutional rights were breached. However, Ms Justice Deirdre Murphy stated that there had been no infringement of the constitutional rights of the three accused. The judge said that Section 30 of the Offences Against the State Act was properly invoked and that the men were correctly arrested in or around 2.05 pm on March 6th, 2013. The three men have pleaded not guilty to the murder of Peter Butterly and firearm offences at the same address on the same date. A fourth man, David Cullen (30), was allegedly part of the murder plan but has become a State's witness. The trial is continuing.

2014-11-11 · Meath

Case of man jailed for possession of €4 million worth of cannabis raises "important question", appeal court finds

Stephen Geraghty, aged 50, was sentenced in 2011 to 12 years' imprisonment for possession of over €4 million worth of cannabis and €350 000 worth of cocaine. In 2014 the Court of Appeal reserved judgment on an issue concerning the Misuse of Drugs Act as amended by the Criminal Justice Act 2007. The question was whether a person could be convicted of a second offence under the Act when no prior conviction under the Act existed. Geraghty had not been convicted of the first offence and was on bail when the second offence was committed. He had absented himself from jurisdiction in September 2004, turned himself in in 2009, and was arraigned on both charges on 2 February 2010, pleading guilty.

2014-11-07 · Meath

Former murder accused turned prosecution witness had mobile phone seized in prison

In a Special Criminal Court hearing, the court considered the seizure of a mobile phone from David Cullen, a former murder suspect who has become a prosecution witness. Cullen, aged 30 and formerly of Balbriggan, had been part of the alleged murder plan for Peter Butterly, a 35‑year‑old dissident republican shot dead in the car park of the Huntsman Inn, Gormanston, on 6 March 2013. He now testifies against three men—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—who plead not guilty to the murder and related firearm offences. The court rejected the defence's request to disclose recordings of Cullen's phone calls, citing that no State agency had been identified and that relevant telephone conversations had already been disclosed. The hearing also addressed whether evidence of the accused men's arrest, detention and vehicle searches could be admitted, with a ruling expected next week. The case will resume on Tuesday before the same panel of judges.

2014-11-06 · Dublin

Court rises early to consider submissions on evidence in Peter Butterly murder trial

The Special Criminal Court convened early on 6 November 2014 to hear submissions about the admissibility of evidence in the murder trial of Peter Butterly. The accused—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—had pleaded not guilty to the killing of Butterly (35) and to related firearm offences. A fourth man, David Cullen (30), had previously turned State witness. The court entered a voir dire to decide on the legality of the arrests, detentions and vehicle searches. Judges Deirdre Murphy, Margaret Heneghan and Cormac Dunne were to rule on the evidence next Tuesday. Discussions were to be held with counsel regarding Cullen's testimony. Public members were excluded when National Surveillance Unit officers testified, but were later allowed back to hear Emergency Response Unit evidence, which may still be inadmissible. The trial will resume tomorrow before the same judges.

2014-11-05 · Dublin

Non-jury court sits late to hear submissions on admissibility of key evidence

The Special Criminal Court convened later than scheduled to consider the admissibility of evidence in the trial of three men—Dean Evans (24), Edward McGrath (33), and Sharif Kelly (44)—who have pleaded not guilty to the murder of Peter Butterly (35) and to firearm offences at the Huntsman Inn car park on 6 March 2013. A fourth man, David Cullen (30), who had been part of the murder plan, turned State witness earlier in the year. The court entered a voir dire to examine the legality of the arrests, detentions, and vehicle searches. Judges Deirdre Murphy, Margaret Heneghan, and Cormac Dunne will decide on the admissibility of evidence, including that from National Surveillance Unit officers whose identities and methods are protected. Public access was initially restricted to safeguard the officers' physical characteristics and the unit's methodology, but was later restored for evidence from the Emergency Response Unit. The case will continue tomorrow in the non‑jury court.