2014-10-10 · Meath
Court to rule next week on whether gardai can give evidence anonymously in murder trial
The Special Criminal Court will rule next week on whether nine National Surveillance Unit officers can give evidence anonymously in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men, who have pleaded not guilty to the murder of Peter Butterly and unlawful possession of a 9mm Beretta pistol at the Huntsman Inn in Gormanston, Co Meath, on March 6th, 2013, face a non-jury hearing. The DPP has applied to withhold the officers' identities and erect a screen to protect their physical characteristics, citing risks to their safety and the security of Garda operations. The prosecution intends to rely on forensic evidence and testimony from David Cullen, who pleaded guilty to unlawful possession of the same firearm and was jailed for three-and-a-half years in July. Cullen, described as part of the murder plan, alleges he was tasked with collecting the gun after the shooting. Defence counsel for McGrath, Evans, and Kelly have sought disclosures regarding Cullen's credibility, including his medical records, witness protection application, and legal notes. Presiding Judge Deirdre Murphy noted the significant interference with cross-examination rights inherent in the anonymity application. The court will deliver its ruling on Tuesday afternoon, when the case resumes before Judges Dunne and Heneghan.