Court archive

Special Criminal Court

2017-02-16 · Dublin

Evidence of protected witness should be excluded, defence tell trial

The Special Criminal Court trial of Edward McGrath and Sharif Kelly, who are accused of murdering dissident republican Peter Butterly in 2013, is currently at the procedural stage of a voir dire. Both men have pleaded not guilty to the alleged murder, with McGrath additionally pleading not guilty to firearms offences on the same occasion. A third accused, Dean Evans, failed to appear and has not been located by gardai, leading the non-jury court to proceed with the remaining two defendants. The central issue involves the admissibility of evidence from David Cullen, a former co-accused who became a State witness. Defence counsel for Kelly, Giollaíosa Ó'Lideadha SC, submitted that Cullen's testimony should be excluded because the court cannot properly assess the process by which he turned witness. Citing a Supreme Court judgment, the barrister argued that omissions in gardai note-taking mean the court lacks essential material to verify if Kelly's right to a fair trial is upheld. He contended that Cullen's access to the book of evidence created particular dangers regarding the integrity of his statements. The legal submissions regarding the exclusion of this protected witness evidence continue before Mr Justice Tony Hunt, Judge John O'Hagan, and Judge Anne Ryan.

2017-02-16 · Cork

IRA accused's account to gardai "false and misleading", prosecution tell trial

At the Special Criminal Court in Dublin, closing arguments concluded in the trial of a Cork man charged with membership of an unlawful organisation styling itself the IRA. Martin McHale, aged 53, of Blackwater Grove, Togher, Cork, has pleaded not guilty to the charge relating to 2 November 2013. Prosecution counsel Anne-Marie Lawlor contended that Mr McHale's account to gardaí—that he travelled to Monaghan for a social occasion unaware of ten bags of nitrogen fertiliser in the van—was false and deliberately misleading. She highlighted inconsistencies in his statements, his refusal to identify the van's owner, and DNA evidence on gloves recovered from the vehicle. The defence argued Mr McHale cooperated fully with gardaí and may have been unknowingly used by others. The three-judge court, presiding Justice Isobel Kennedy alongside Judge Gerard Griffin and Judge Gerard Haughton, will deliver judgment on 22 February.

2017-02-16 · Dublin

Gareth Hutch murder accused to face trial at non-jury court

A 29‑year‑old man, Thomas Fox, will be tried at the Special Criminal Court for the murder of Gareth Hutch, 35, nephew of Gerry "the Monk" Hutch. Hutch was shot dead on the morning of 24 May outside Avondale House flats on North Cumberland Street, Dublin. Fox was charged in January at Cloverhill District Court. At a brief hearing, State solicitor Michael O'Donovan presented an application for Fox to be charged and tried before the Special Criminal Court. Judge Tony Hunt, with Judges John O'Hagan and Anne Ryan, gave the order.

2017-02-15 · Cork

Commissioner tells trial he "100%" believes accused is IRA member

The Special Criminal Court trial of Martin McHale, 53, of Cork, continues before Ms Justice Isobel Kennedy and two other judges. McHale has pleaded not guilty to membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on November 2nd, 2013. The prosecution alleges he was involved in nefarious activities associated with IRA membership. Assistant Garda Commissioner Michael Finn testified that he "100%" believed McHale was an IRA member, based on material he claimed privilege over for State security reasons. Finn stated his opinion was formed through "common sense" and 35 years of police work, noting that disclosing the underlying intelligence would risk lives and ongoing operations. Detective Inspector Bill Hanrahan provided evidence that McHale had attended court in 2005 during the prosecution of Don Bullman, who was subsequently convicted of IRA membership and jailed for four years. Hanrahan also noted that three individuals, including Paul Walsh, visited Monaghan Garda station the day after McHale's arrest seeking to speak with him. Forensic Science Ireland's Dr Edward Connolly testified that a DNA profile matching McHale was found on green gardening gloves removed from the van, while DNA on the fertiliser bags came from an unknown male source. The trial was adjourned and continues tomorrow.

2017-02-14 · Dublin

Former murder accused turned State's witness agrees motive was to "save" himself

The Special Criminal Court is currently hearing a voir dire to determine the admissibility of evidence from David Cullen, a former accused who turned State's witness in the trial of Edward McGrath and Sharif Kelly. Both men, who have pleaded not guilty to the alleged murder of Peter Butterly and, in McGrath's case, firearms offences, are contesting Cullen's testimony. During cross-examination, Cullen admitted his motivation to provide evidence was to "save" himself. He acknowledged lying in a bail affidavit to deny knowing McGrath and admitted reviewing the book of evidence before making his statement. The court also heard from DPP officer David Gormley, who confirmed the DPP agreed to Cullen's offer to plead guilty to a lesser charge in exchange for a statement, with an understanding that his words would not be used against him, though no immunity was granted. The trial, presided over by Mr Justice Tony Hunt, continues with the judges assessing the reliability of the witness's account.

2017-02-14 · Cork

IRA accused told gardai he was going on "drinking session"

A 53-year-old Cork man accused of membership of an unlawful organisation styling itself the Irish Republican Army has pleaded not guilty to the charge. The Special Criminal Court in Dublin heard that Martin McHale told gardaí he travelled to Monaghan in November 2013 for "a drinking session" and was unaware that a borrowed van contained bags of nitrogen fertiliser. Detective Garda Emmett Ryan told the court he became suspicious when Mr McHale and another man could not adequately explain their presence at a filling station in Monaghan town, an area monitored for dissident activity. Gardaí subsequently discovered fertiliser in the vehicle. Dr Thomas Hannigan of Forensic Science Ireland gave evidence that the material contained 79 per cent ammonium nitrate by weight and could be used as an ingredient in improvised explosive mixtures, though he could not determine the material's intended purpose. Mr McHale denies IRA membership and political involvement. The three-judge trial continues.

2017-02-14 · Limerick

Limerick man jailed after tip-off from former partner

John Costello, 60, of Glenashrone, Abbeyfeale, pleaded guilty to possessing 450 rounds of .38 special calibre ammunition and 329 rounds of 9mm ammunition in a flat above the Coffee Pot, Abbeyfeale, on 21 February 2016, and to possessing three rounds of 9mm ammunition at his home address on 22 February 2016. The Special Criminal Court, hearing the case on 14 February 2017, found the total amount of ammunition significant even though no firearm was present. The court noted that the ammunition was discovered after a tip‑off from Costello's former partner following a domestic dispute, and that Garda investigations suggested the possession was linked to subversive IRA activity. Mitigating factors included Costello's cooperation, early admission and plea of guilty, and the absence of prior convictions. He was sentenced to three years for the first offence and nine months for the second, the latter to run concurrently, with both sentences back‑dated to 3 November 2016.

2017-02-13 · Cork

IRA accused found in Hiace van packed with bags of fertiliser, trial hears

The Special Criminal Court has heard evidence in the ongoing trial of Martin McHale, a 52-year-old Cork man who has pleaded not guilty to membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA. The prosecution alleges McHale was involved in nefarious activities associated with IRA membership. Testimony from Detective Garda Emmett Ryan detailed an incident on November 1st, 2013, where McHale was found in a blue Hiace van at a Monaghan filling station. The van contained bags of nitrogen fertiliser, a component of homemade explosives. Gardaí checked the PULSE system and found intelligence entries linking McHale to individuals previously convicted of IRA membership, including Don Bullman, who was convicted by the Special Criminal Court in 2007 of IRA membership and jailed for four years. Prosecuting counsel Anne-Marie Lawlor BL stated the primary strand of the case will rely on evidence from Assistant Commissioner Michael Finn, who believes McHale was an IRA member on the date in question. The court will hear from seven garda interviews where McHale refused to answer questions about the van. The trial continues before Ms Justice Isobel Kennedy, sitting with Judge Gerard Griffin and Judge Gerard Haughton.

2017-02-13 · Meath

Protected witness told he would be removed from Witness Protection Programme if he refused to give evidence, trial hears

In the Peter Butterly murder trial, a protected witness, David Cullen (32), testified that he was warned he would be removed from the Witness Protection Programme if he refused to give evidence. Cullen said he had been contacted a few months earlier to return from his host country to testify against two men accused of the murder. When he declined, he was told he would be removed from the programme. He also agreed under cross‑examination to seek a written assurance that he would receive €10,000 for his testimony. Cullen, originally accused of the murder, turned State's witness over a year after the shooting and has implicated his former co‑accused, Edward McGrath (35) and Sharif Kelly (47), both of whom pleaded not guilty. A third accused, Dean Evans (24), failed to appear and has not been located.

2017-02-13 · Louth

Louth man caught making 500lb bomb in his shed is jailed for 8.5 years

Philip McKevitt, 62, of Aghaboys, Mount Pleasant, Dundalk, was sentenced by the Special Criminal Court to eight and a half years' imprisonment for the possession of explosive substances. The court found that a bomb, fully loaded, would have weighed 500 lb. McKevitt had previously been convicted in 2012 for the same offence, but the verdict was overturned on appeal and a retrial was ordered. The case began in May 2010 when Gardaí received information about IRA activity in Louth and conducted a surveillance operation outside McKevitt's house. On 22 May 2010, Gardaí entered his shed and seized two adapted gas cylinders, fifty‑two 500‑g bags of glucose, a 377‑metre roll of wire, and a command wire. DNA matching McKevitt was found on a cylinder handle, though he denied knowledge of the items. The sentence was back‑dated to 22 March 2011. Conan Murphy, 29, was also convicted and jailed for six years. Philip McKevitt pleaded guilty.

2017-02-10 · Dublin

State witness denies telling "lies" about murder accused

In the Special Criminal Court, David Cullen, an accused who became a State witness, denied that he had lied about the alleged roles of Edward McGrath and Sharif Kelly in the 2013 murder of Peter Butterly. Cullen, who was originally charged with the murder, had turned State witness after the shooting and testified that he had waited at Gormanston College's gate to pick up and dispose of the gun, and that Kelly was to pick up McGrath and Dean Evans. During cross‑examination, the counsel for Kelly, Giollaíosa Ó'Lideadha, accused Cullen of telling lies, to which Cullen replied that he had not been told about Kelly's role and that he had made a deal with the Director of Public Prosecutions to drop the murder charge. The court is hearing Cullen's evidence as part of a voir‑dire to determine its admissibility, while the accused men's counsel objects. Edward McGrath pleaded not guilty. Sharif Kelly pleaded not guilty.

2017-02-09 · Dublin

Murder accused told two days before statement that murder charge would be dropped, court hears

In a Special Criminal Court hearing, a former accused who became a prosecution witness in the Peter Butterly murder case was informed two days before he gave a statement to the gardai that his murder charge would be dropped. The case involves two Dublin men, Edward McGrath (35) and Sharif Kelly (47), who pleaded not guilty to the alleged murder of 35‑year‑old Peter Butterly, who was shot outside The Huntsman Inn in Gormanston on 6 March 2013. McGrath also pleaded not guilty to firearms offences. A third accused, Dean Evans (24), failed to appear and has not been located. The court also heard cross‑examination of David Cullen, who had previously offered statements on several IRA‑related cases, including Butterly's shooting. Cullen claimed he was told the murder charge would be dropped before he gave his statement, a claim that his counsel, Giollaíosa Ó'Lideadha SC, used to question the admissibility of Cullen's evidence.

2017-02-08 · Meath

Former murder accused turned State's witness describes role in shooting

The Special Criminal Court heard evidence from David Cullen, a former accused who turned State's witness, regarding the alleged murder of Peter Butterly outside The Huntsman Inn, Gormanston, in 2013. Edward McGrath and Sharif Kelly, both accused of the alleged murder and firearms offences, have pleaded not guilty. A third accused, Dean Evans, failed to appear and has not been located, while the court proceeded with the trial for McGrath and Kelly. Cullen, who previously pleaded guilty to unlawful possession of a semi-automatic pistol, described being asked to pick up a gun and dispose of it at Gormanston College. He testified that he witnessed a gun thrown from a vehicle and was arrested while retrieving it. This testimony is part of a voir dire, or trial within a trial, to determine the admissibility of Cullen's evidence, to which defence counsel for Kelly objects. This is the second trial for McGrath and Kelly, following the collapse of the original proceedings in January 2015. The matter is currently at the trial stage before a non-jury court presided over by Mr Justice Tony Hunt.

2017-02-06 · Dublin

Cartridges from scene match pistol, Peter Butterly murder trial hears

In the Special Criminal Court, evidence was presented that the six discharged cartridges found at the scene of Peter Butterly's shooting matched a Beretta semi‑automatic pistol located almost a kilometre away. Butterly, aged 35, was killed outside The Huntsman Inn in Gormanston on 6 March 2013. Two Dublin men, Edward McGrath (35) and Sharif Kelly (46), are charged with his murder and have pleaded not guilty. McGrath also pleaded not guilty to firearms offences. A third accused, Dean Evans (24), failed to appear and has not been located. The court heard from Detective Garda David O'Leary, who examined the scene, and from Detective Sergeant Ciaran Murphy, who provided testimony about a meeting concerning a potential plea by State witness David Cullen. The trial, presided over by Mr Justice Tony Hunt, continues after a previous trial collapsed. The accused's barristers challenge the admissibility of Cullen's evidence and the alleged deal to drop the murder charge.

2017-02-06 · Louth

"Slab" Murphy withdraws appeal against 18-month tax evasion sentence

Thomas "Slab" Murphy, 67, withdrew his appeal against an 18‑month prison sentence for tax evasion. He had pleaded not guilty to nine charges of failing to comply with tax laws from 1996/97 to 2004. The Special Criminal Court found him guilty on all counts and imposed the sentence on 26 February. His appeal against conviction was dismissed, and his barrister informed the Court of Appeal that the appeal against the sentence was being withdrawn. Murphy was not present at the hearing.

2017-02-06 · Dublin

Man jailed for having "lethally packaged" explosives on passenger bus

Patrick Brennan, 53, was arrested in June 2016 after Special Branch detectives intercepted him on a Bus Eireann service to Derry. He was found carrying a blue canvas bag containing four 400‑gram blocks of TNT and three electric detonators. The bag was placed in the seat next to him when he was taken aboard the bus by three SDU officers. The discovery of the explosives led to the evacuation of the surrounding area and the involvement of the army. Brennan had previously served four years in prison in 2005 for IRA membership. The Special Criminal Court sentenced him to seven years' imprisonment, back‑dated to the June arrest, for transporting the explosives. The judge noted that the transport role was equivalent to participation in terrorist activity and offered a suspension of the final two years if he gave an undertaking not to associate with unlawful organisations, which he declined. The sentence was therefore imposed in full. Patrick Brennan pleaded guilty.

2017-02-03 · Dublin

Non-jury court rejects application to rule out evidence of murder accused's arrest

In a Special Criminal Court hearing, the court decided to proceed with the trial of Peter Butterly's alleged murderers, Edward McGrath and Sharif Kelly, after a third accused, Dean Evans, failed to appear. Both McGrath and Kelly pleaded not guilty to the murder charge, and McGrath also pleaded not guilty to firearms offences. The court heard from Adriana Skorus, who lived opposite the Huntsman Inn where Butterly was shot. She described hearing two gunshots, seeing a man with a small black handgun in the carpark, and observing a vehicle leave the premises. Skorus also noted a second car entering the carpark minutes later. The defence had previously applied to exclude evidence of the accused men's arrests, arguing the detentions were unlawful, but the court rejected that application. The trial, presided over by Mr Justice Tony Hunt, continues after the earlier trial collapsed in January 2015. The hearing took place on 3 February 2017.

2017-02-02 · Meath

Detective denies offering to drop murder charge before statement

In a 2017 court hearing, detectives investigating the 2013 murder of Peter Butterly denied that any offer was made to drop a murder charge against an accused who later became a prosecution witness. The case involves Edward McGrath, Sharif Kelly, and a missing third accused, Dean Evans. McGrath and Kelly have pleaded not guilty to murder and firearms offences. The Special Criminal Court proceeded with McGrath and Kelly after Evans' absence. Lawyers challenge the admissibility of evidence from state witness David Cullen, who was originally accused of the murder. Detective Chief Superintendent Tom Maguire testified that he received a call from Cullen's solicitor on 6 June 2014, who sought immunity, witness protection, and financial assistance for Cullen. No commitment was made, and the detectives reported the matter to authorities. Subsequent meetings with Cullen's solicitor and the DPP were held, but no formal deal was confirmed. The judge requested details of any decision to drop the charge.

2017-02-01 · Dublin

Murder trial hears from garda in charge of Witness Protection Program

In the Peter Butterly murder trial at the Special Criminal Court, the admissibility of evidence from state witness David Cullen was contested. The trial, now in its second session after the original collapsed, heard cross‑examination of former chief superintendent John Gilligan, who oversaw the Witness Protection Program. Gilligan was questioned about a June 2014 meeting with Detective Superintendent Alf Martin and other Gardaí, during which it was alleged that Cullen might plead guilty to a lesser charge and that the murder charge could be dropped. Gilligan denied any deliberate omission of that possibility, stating he only noted Cullen's desire to provide information. The court considered whether the notes from that meeting, previously privileged, could be used to assess Cullen's evidence. The case continues under Mr Justice Tony Hunt, with Edward McGrath and Sharif Kelly still pleading not guilty to the murder and firearms offences. Dean Evans, the third accused, remains missing and was not present at the hearing.

2017-01-31 · Dublin

Detective denies he "deliberately withheld" information about how murder accused turned State's witness

The Special Criminal Court trial of Edward McGrath and Sharif Kelly, who have pleaded not guilty to the alleged murder of Peter Butterly and firearms offences, continues before Mr Justice Tony Hunt. A third accused, Dean Evans, failed to appear and has not been located, prompting the non-jury court to proceed with the two co-accused. The proceedings currently focus on a voir dire, or trial within a trial, to determine the admissibility of evidence from state witness David Cullen, who was originally accused of the murder. Defence counsel for Mr Kelly challenged Detective Superintendent Alf Martin, the senior investigating officer, suggesting he deliberately withheld information regarding how Cullen became a prosecution witness. The detective denied deliberately concealing facts, stating there was no deal to drop charges, though he acknowledged a phone call where a solicitor's notes referenced a dropped murder charge. Former Witness Protection Program chief superintendent John Gilligan testified that he was informed of Cullen's potential application in June 2014 and arranged his transfer for safety. The court is assessing these testimonies to decide whether Cullen's evidence should be admitted. The trial remains ongoing, with no final verdict or sentence issued.

2017-01-30 · Dublin

Busaras had to be evacuated after man caught with TNT on board Derry-bound bus

Patrick Brennan, 53, pleaded guilty at the Special Criminal Court to possessing four 400-gramme blocks of TNT and three electric explosive detonators on June 16, 2016. The court heard that Brennan, who had previously been jailed for four years in 2005 for IRA membership, was arrested by Special Detective Unit officers on a Derry-bound bus at Busaras. Detective Sergeant Padraig Boyce testified that the explosives were found in a blue canvas bag and were described as lethally packaged, with the potential to construct six to eight car bombs. Following the discovery, the bus station was evacuated and the army was called. Brennan was the sole passenger on the bus at the time of his arrest. Defence counsel Diarmaid McGuinness, SC, noted that Brennan is a diabetic and registered blind, and asked the court to consider his guilty plea. Mr Justice Tony Hunt, presiding with Judges John O'Hagan and Anne Ryan, remanded Brennan in custody until February 6.

2017-01-30 · Louth

Dundalk man jailed for having rifle and ammunition

Owen McCann, 36, of Annaloughan, Jenkinstown, Dundalk, pleaded guilty in November 2016 at the Special Criminal Court in Dublin to two counts of possession of firearms, including a .22 calibre rifle, a conversion kit for pistols and two ammunition magazines. At the brief sentence hearing on 30 January 2017, he undertook not to associate with subversive or paramilitary organisations. The court, citing his early admission, guilty plea, cooperation with Gardaí and employment prospects, sentenced him to three years' imprisonment, with one year suspended. The State entered a nolle prosequi on a charge of IRA membership.

2017-01-27 · Ireland

Argument over legality of detention of Peter Butterly murder accused continues

In a Special Criminal Court hearing on 27 January 2017, the legality of the detention of two men accused of murdering dissident republican Peter Butterly was contested. The 35‑year‑old victim was shot outside The Huntsman Inn, Gormanstown, Co. Meath, on 6 March 2013. Edward McGrath (35) of Springfield, Tallaght, and Sharif Kelly (46) of Balbriggan pleaded not guilty to the murder charge; McGrath also pleaded not guilty to firearms offences. A third accused, Dean Evans (24) of Raheny, Dublin, failed to appear and has not been located. The court proceeded with McGrath and Kelly in Evans's absence. Defence counsel argued the men were unlawfully detained by the National Surveillance Unit, citing an unacceptable delay and questioning the invocation of Section 30 of the Offences Against the State Act. Prosecution counsel countered that Garda evidence and CCTV showed the men understood the reasons for their arrest and that Section 30 was properly invoked.

2017-01-26 · Ireland

Peter Butterly murder accused were "unlawfully detained", defence argues

In a Special Criminal Court hearing, the barristers for Edward McGrath and Sharif Kelly argued that the two men, accused of murdering 35‑year‑old Peter Butterly outside The Huntsman Inn in 2013, were unlawfully detained on the side of the road. The men were allegedly held by National Surveillance Unit officers before being formally arrested. Mr Kelly's barrister, Giollaíosa Ó Lideadha, claimed an unacceptable delay and that the officers failed to take contemporaneous notes, questioning whether Section 30 of the Offences Against the State Act was invoked. He argued the prosecution had not proved the delay was justified and that Mr Kelly should have been arrested within minutes of Garda arrival. Paul Greene, representing Mr McGrath, agreed, citing a policy that led to unconstitutional roadside detention. The case is the second trial for both men, following a collapsed first trial in 2015. The court is presided over by Mr Justice Tony Hunt with Judges John O'Hagan and Anne Ryan. Edward McGrath pleaded not guilty. Sharif Kelly pleaded not guilty.

2017-01-25 · Dublin

Peter Butterly murder trial hears evidence of pistol find

In a Special Criminal Court hearing on 25 January 2017, evidence was presented regarding the 2013 murder of Peter Butterly, a 35‑year‑old who was shot dead in the carpark of The Huntsman Inn, Gormanston. Two men, Edward McGrath (35) and Sharif Kelly (46), were on trial for his murder and had pleaded not guilty. McGrath also pleaded not guilty to firearms offences. A third accused, Dean Evans (24), failed to appear and was not located. The court proceeded with the two co‑accused in Evans's absence. Detective Sergeant Daniel O'Driscoll of the Special Detective Unit testified that he had been part of a surveillance operation that day. He discovered a silver Toyota Corolla involved in the shooting, stopped it and another car on Flemington Lane, and found a white plastic bag containing a black semiautomatic pistol, which he left in situ.

2017-01-25 · Carlow

Carlow man guilty of IRA membership

James Smithers, 38, of St Patrick's Park, Tullow, Co. Carlow, was found guilty by the Special Criminal Court of IRA membership. He had denied membership of the Irish Republican Army on 31 October 2015. Smithers was arrested early that morning in Rathkeale, County Limerick, at an isolated rural location. Two other men were also arrested in a Volkswagen Golf, where Gardaí discovered a sawn‑off shotgun, a can of petrol and matches. The court heard that the three men were engaged in an IRA operation and that Smithers' role was to provide the stolen Volkswagen Golf. Justice Isobel Kennedy, after hearing evidence from Detective Chief Superintendent Peter Kirwan and the application of Sections 2, 18 and 19 of the Offences Against the State Act and the Criminal Justice Act, concluded that the evidence cumulatively indicated Smithers was involved in a criminal endeavour on the date in question. He was remanded in custody until 8 February, when he will be sentenced.

2017-01-25 · Sligo

Sligo men to stand trial accused of IRA membership

Two men from County Sligo have been sent forward for trial at the Special Criminal Court on charges of membership of an unlawful organisation. Damhan McFadden, aged 27, of Kilmacowen, Ballysodare, and Julian Flohr, aged 35, of Rusheen Ard, Caltra, face allegations relating to events on 14 August. The State's counsel confirmed that the book of evidence had been furnished to the accused. Mr Justice Tony Hunt, presiding with Judge John O'Hagan and Judge Ann Ryan, scheduled the trial to commence on 12 February 2018, with proceedings expected to span two weeks. Both men were remanded in custody pending trial.

2017-01-24 · Dublin

Garda describes arresting absent murder accused

The Special Criminal Court is currently hearing the second trial of Edward McGrath and Sharif Kelly, who have pleaded not guilty to the murder of Peter Butterly and, in McGrath's case, firearms offences on the same occasion. The court is proceeding with the two accused in the absence of co-accused Dean Evans, who failed to appear and remains unlocated. Evidence presented during a voir dire, or trial within a trial, includes testimony from Garda Damien Broughall regarding the arrest of Evans and McGrath on Flemington Road following the shooting at The Huntsman Inn in Gormanston, Co Meath, on March 6, 2013. Broughall described stopping a silver Toyota Corolla, where surveillance officers had detained the occupants. He alleged that Evans was involved in the shooting and was arrested for IRA membership and firearm possession, while McGrath was dealt with by a colleague. Items found in the vehicle included a petrol can, gloves, a wig, and glasses. This evidence will assist the judges in deciding a legal issue. The original trial collapsed after 55 days in January 2015, leading to this retrial. The proceedings continue before Mr Justice Tony Hunt, sitting with Judge John O'Hagan and Judge Anne Ryan.

2017-01-24 · Limerick

Man's partner tipped off gardai about ammunition after "domestic dispute"

In a Limerick case, John Costello, 60, pleaded guilty to possessing 450 rounds of .38 special calibre ammunition and 329 rounds of 9mm ammunition at a flat above the Coffee Pot in Abbeyfeale on 21 February 2016, and three rounds of 9mm at his home on 22 February 2016. The possession was discovered after his partner, following a domestic dispute, tipped off the gardai that ammunition was stored in the flat. The gardai obtained a search warrant, found additional ammunition in Costello's apartment in Glenashrone, and called him to the station where he admitted responsibility for the ammunition but did not disclose its source. The detective and the court considered the ammunition to be linked to subversive IRA activity. Costello had no prior convictions, pleaded early, and was remanded in custody until 14 February for sentencing.

2017-01-23 · Dublin

Garda recited Act of Contrition for dissident republican he found with massive gunshot injuries, murder trial hears

In a Special Criminal Court murder trial, a Garda National Surveillance Unit officer recited the Act of Contrition to Peter Butterly, who was found with massive gunshot injuries to his head in a Meath carpark on 6 March 2013. Butterly, a dissident republican, was shot dead outside The Huntsman Inn, Gormanstown. The trial excluded the public while the officer and colleagues gave anonymous evidence. The accused, Edward McGrath (35) of Springfield, Tallaght, and Sharif Kelly (46) of Balbriggan, pleaded not guilty to Butterly's murder and to firearms offences. A third accused, Dean Evans (24) of Raheny, failed to appear and was not located. The court heard that the gunman's car was monitored by the National Surveillance Unit; an officer, identified only as Member B, described spotting a suspicious black Laguna in the carpark, finding Butterly lying on the ground, and holding his hand while reciting an act of contrition.

2017-01-23 · Louth

Louth man to be sentenced for bomb possession

Philip McKevitt, 62, of Dundalk, was remanded in custody at the Special Criminal Court until February 13th for sentencing. The three-judge panel, presided over by Ms Justice Isobel Kennedy with Judges Sinead Ni Chulachain and James Faughnan, deferred the sentence following his conviction for the possession of explosive substances. McKevitt was found guilty after a 21-day trial of possessing adapted gas cylinders and other materials in his shed in May 2010. His co-accused, Conan Murphy, 29, had previously pleaded guilty to the same offence and was jailed for six years. Prosecution evidence detailed the seizure of two altered gas cylinders, 52 bags of glucose, and 377 metres of command wire. McKevitt's DNA was found on one cylinder. This is his second conviction for the offence; a previous 2012 verdict was overturned by the Court of Criminal Appeal, directing a re-trial. Defence counsel Diarmaid McGuinness SC argued McKevitt was not the mastermind and cited his age and lack of prior convictions as mitigating factors, requesting a suspended portion of the sentence. The court ordered McKevitt remain in custody pending his sentencing hearing on February 13th.

2017-01-20 · Ireland

Public excluded from court as gardai give evidence anonymously in murder trial

In a Special Criminal Court murder trial, the public was excluded while three Garda National Surveillance Unit members gave anonymous evidence. The case concerns the 2013 shooting of dissident republican Peter Butterly outside The Huntsman Inn, Gormanstown, Co. Meath. The accused, Edward McGrath (35) and Sharif Kelly (46), plead not guilty to the murder and McGrath also pleads not guilty to firearms offences. A third accused, Dean Evans (24), failed to appear and remains missing. The court proceeded with McGrath and Kelly in Evans's absence. The trial is a retrial after the original collapsed in 2015. Evidence from the surveillance unit involved tracking a silver Toyota Corolla and a green Opel Zafira, with witnesses identifying Kelly and describing the pursuit and arrest. The trial continues before Justice Tony Hunt and two other judges.

2017-01-19 · Carlow

Non-jury court to deliver verdict on IRA charge next week

In a Special Criminal Court hearing, James Smithers, 38, of St Patrick's Park, Tullow, Co. Carlow, pleaded not guilty to an indictment of membership in the Irish Republican Army (IRA). The prosecution, represented by Anne‑Marie Lawlor BL, argued that Smithers supplied a stolen car for an IRA operation in County Limerick on 31 October 2015. Central to the case was the belief evidence of Detective Chief Superintendent Peter Kirwan, who claimed to be "absolutely satisfied" that the information supporting his belief was reliable and accurate. Kirwan's testimony was supplemented by the fact that Smithers failed to answer material questions after Section 2 of the Offences Against the State Act was invoked, which the prosecution said provided sufficient supporting evidence of guilt. Smithers' defence, led by Mark Nicholas SC, challenged the depth of Kirwan's file and the inference that the suspicious activity on the night in question proved membership.

2017-01-18 · Ireland

Schoolboys witnessed gun attack, Peter Butterly murder trial hears

In a 2017 hearing, the Special Criminal Court heard the second trial of Edward McGrath (35) and Sharif Kelly (46) for the murder of Peter Butterly (35) on 6 March 2013 at The Huntsman Inn car park, Gormanstown, Co. Meath. Both pleaded not guilty to the murder and to firearm offences at the same address. The trial proceeded after the third accused, Dean Evans (24), failed to appear and was not located by the gardai. The court considered prosecution claims of privilege over information relating to a protected witness. A secondary school student, Sean Brennan, testified that he saw a man raise his arm and shoot another man while waiting for a bus opposite the Inn, and that he later called 999. The hearing continued under Mr Justice Tony Hunt with Judges John O'Hagan and Anne Ryan.

2017-01-18 · Dublin

NI authorities seek surrender of Declan Duffy after arrest here

Northern Irish authorities are seeking the surrender of Declan Duffy, 43, after his arrest in the Republic on suspicion of false imprisonment. Duffy, who lives on Hannover Street West in Dublin, is due to stand trial at the non‑jury Special Criminal Court on three counts of false imprisonment at The Towers, Garters Lane in Saggart on 9 June 2015, and a charge of violent disorder on the same occasion. His trial is scheduled for October. The High Court heard that Duffy had been serving a life sentence for the murder of British army sergeant Michael Newman in Derby City in 1992, but was released on licence by a Northern Irish parole board in March 2013. He was arrested by Gardai on 5 December 2015 on suspicion of the offences charged in the Special Criminal Court. On 6 June 2016 the Under Secretary of State for Northern Ireland revoked his licence and recalled him to prison.

2017-01-18 · Limerick

Accused denied being IRA member, trial hears

In a Special Criminal Court hearing, James Smithers, 38, of St Patrick's Park, Tullow, pleaded not guilty to an indictment of membership in the Irish Republican Army (IRA). The prosecution alleged that Smithers supplied a stolen Volkswagen Golf for an IRA operation in County Limerick. On 30 October 2015, Detective Garda Liam O'Neill, on duty, and two colleagues travelled to County Limerick. They encountered Smithers in the black Golf at Five Cross Roads outside Rathkeale at 1:35 am. O'Neill's colleague, Detective Garda Joe Higgins, later reported finding a sawn‑off shotgun in another stolen car. Smithers had previously been seen driving the Golf to County Limerick. During questioning under Section 2 of the Offences Against the State Act, Smithers gave no comment to inquiries about IRA activities. The court also heard that the detective invoked Sections 18, 19 and 19(a) of the Criminal Justice Act, allowing inferences from Smithers' silence regarding the stolen vehicle and firearm.

2017-01-18 · Dublin

Dublin man pleads guilty to having TNT

Patrick Brennan, 52, of Lindisfarne Avenue, Clondalkin, pleaded guilty in the Special Criminal Court to possessing four 400‑gram blocks of TNT and three electric explosive detonators. He admitted that the items were in his possession on 16 June 2015 at Store Street, Dublin 1, and that circumstances suggested he had not obtained them for a lawful purpose. Brennan was also charged in July with membership of the Irish Republican Army (Oglaigh na hEireann). The court remanded him in custody until 30 January, when sentencing will occur.

2017-01-18 · Cork

Bail refused for IRA & firearms accused

Michael Gilmartin, 46, of Cobh, was denied bail by the Special Criminal Court after being charged with possession of a semi‑automatic 9mm Walter pistol, a sawn‑off shotgun and 22 rounds of ammunition, and with membership of the Irish Republican Army. The State argued that bail would risk a serious offence, and the court agreed, remanding him in custody until a further hearing on 25 January. The judge noted Gilmartin's claim of wanting to provide for his partner and child, but the court refused his application.

2017-01-17 · Carlow

Garda chief superintendent gives belief evidence at IRA trial

In a Special Criminal Court hearing, a Garda chief superintendent testified that he believed James Smithers, 38, of St Patrick's Park, Tullow, was a member of the Irish Republican Army. Smithers had pleaded not guilty to membership of an unlawful organisation on 31 October 2015. The superintendent, citing confidential information, stated his belief during cross‑examination. He also mentioned that on 30 October 2015 he travelled with other detectives to County Limerick, where a stolen Volkswagen Golf was found outside Rathkeale, containing two men, a sawn‑off shotgun and petrol. The trial is ongoing.

2017-01-16 · Carlow

IRA accused's role was to provide stolen car, trial hears

A Carlow man, James Smithers, 36, was accused in the Special Criminal Court of providing a stolen car for an IRA operation. He pleaded not guilty to membership of an unlawful organisation, claiming the IRA. The prosecution, led by Anne‑Marie Lawlor BL, relied on Chief Superintendent Peter Kirwan's belief that Smithers was an IRA member on the relevant date. Evidence included Smithers' alleged activities that night, Garda interviews, and the discovery of a sawn‑off shotgun, petrol, and matches near the arrest site in Rathkeale. The trial continues.

2017-01-16 · Dublin

Man whose DNA was found on car used in Newry bomb attack is jailed for four years

Darren Weldon, a 45‑year‑old from Kilbarrack, Dublin, was sentenced by the Special Criminal Court to four years' imprisonment for membership of a dissident terrorist organisation, the Irish Republican Army (IRA). The conviction followed DNA evidence linking him to a number plate recovered from the wreckage of a car bomb that detonated outside Newry courthouse on 22 February 2010. The court heard that the plate was found by PSNI officers and that DNA swabs taken from Weldon while in custody matched the profile on the plate. Weldon had previously been arrested in September 2012 on suspicion of IRA membership after attending the funeral of Alan Ryan, a former "Real IRA" member. The court also considered a WhatsApp message on Weldon's phone praising those who act "regardless of the consequences." Mr Justice Tony Hunt sentenced Weldon to five years, suspending the final year, and the effective custodial term was four years.

2017-01-13 · Meath

Gunman's car was under garda surveillance, Peter Butterly murder trial hears

The Special Criminal Court heard that the car used by the gunman in the murder of Peter Butterly was under Garda surveillance. Edward McGrath and Sharif Kelly, who have pleaded not guilty to the murder of the 35-year-old father of three, are currently on trial. The prosecution alleged that McGrath drove a silver Toyota Corolla into the Huntsman Inn car park in Gormanston, Co Meath, on March 6, 2013, where Butterly was shot dead. A third accused, Dean Evans, who allegedly fired the shots, failed to appear and has not been located; the court proceeded with the trial in his absence. Prosecution counsel stated that a protected witness, David Cullen, would testify that Kelly directed him to dispose of the weapon and that Kelly's role was to pick up McGrath and Evans after the incident. Cullen was previously sentenced to seven years' imprisonment, with three and a half years suspended, after pleading guilty to firearms charges in July 2014. The court was told that surveillance units intercepted the vehicle, leading to the arrest of McGrath and Evans, while Kelly was arrested upon arrival in another car. The trial before Mr Justice Tony Hunt continues on Monday.

2017-01-13 · Louth

Dundalk man bought firearm on ebay in interests of "public safety", non-jury court hears

In a Special Criminal Court hearing, Owen McCann, 36, admitted to purchasing a .22 calibre sporting pistol, a conversion kit, two ammunition magazines and a single round of ammunition online via eBay and PayPal. He claimed he bought the firearm to remove it from circulation for public safety and subsequently showed the police the hidden gun and ammunition on family land in Co. Louth. McCann had previously pleaded guilty in November 2015 to possession of the pistol, conversion kit, magazines and the single round at Jenkinstown. Gardaí had searched the McCann family land in December 2015, uncovering a large quantity of firearms, ammunition and explosive components, which were deemed background to the case. The court remanded McCann in custody for sentencing on 30 January 2017.

2017-01-13 · Dublin

Date set for firearms trial

Eamon McNamee, a 34-year-old man from Larkfield Square, Lucan, County Dublin, appeared in court facing a charge of possessing a firearm with the intent to commit an indictable offence, specifically assault causing harm. The alleged incident occurred at Fairgreen, Saggart, Co. Dublin, on January 19, 2013. The matter is currently at the pre-trial stage, with the court fixing a trial date for December 12 at the Special Criminal Court. The trial is expected to last six days. Presiding Judge Ms Justice Isobel Kennedy remanded Mr McNamee on continuing bail until October 23, when his case is listed for mention again. The court did not record a plea, finding, or sentence at this stage, as the proceedings remain in the pre-trial phase. The accused is alleged to have committed the offence, but no conviction has been established. The next procedural step is the mention hearing scheduled for October 23, after which the trial will proceed in December. No other case subjects, pleas, or disposals were recorded in this report.

2017-01-12 · Dublin

Warrant issued as murder accused fails to show up at trial

In a Special Criminal Court hearing in Dublin, three men—Dean Evans (26), Edward McGrath (35) and Sharif Kelly (46)—were scheduled to stand trial for 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. McGrath and Kelly appeared in court and were remanded on continuing bail until Friday. Evans, however, failed to attend the hearing. The court noted that Evans had not been seen since Sunday and that his family were "concerned" about his whereabouts. The judge, Mr Justice Tony Hunt, with Judges John O'Hagan and Anne Ryan, issued a warrant for Evans's arrest and remanded Kelly and McGrath on continuing bail until the following day. The case remains at the trial stage, with no further outcomes reported in the article.

2016-12-30 · Limerick

Limerick man refused compassionate bail to attend grandmother's funeral

Larry McCarthy, 37, of Limerick, was denied compassionate bail by the Special Criminal Court to attend his grandmother's funeral. McCarthy faces multiple charges: threatening to kill Noel Moore and to damage Moore's house on 28 July 2015, and threatening unlawful violence with two others and assaulting David Foran on 25 November 2014. The court had previously set trial dates for these offences. The State objected to the bail application, citing McCarthy as a serious flight risk and the potential to interfere with witnesses. Detective Sergeant John Cleary and defence counsel Mark Thompson BL argued for bail, but no conditions were offered to satisfy the court's concerns. Judge Paul Butler, with Judges Robert Eagar and Sinead Ni Chulachain, upheld the refusal, noting no change in circumstances since the prior denial under Section 2A of the Bail Act. The decision was made on Friday, 30 December 2016.

2016-12-22 · Limerick

Limerick man pleads guilty to having over 700 rounds of ammunition

John Costello, 59, of Glenashrone, Abbeyfeale, pleaded guilty before the Special Criminal Court to possessing 450 rounds of .38 special calibre ammunition and 329 rounds of 9mm ammunition at Main Street, Abbeyfeale on 21 February, and three rounds of 9mm ammunition at his home on 22 February. The court, presided by Mr Justice Tony Hunt with Judges Martin Nolan and William Hamill, remanded him in custody until 24 January, when sentencing will occur.

2016-12-21 · Louth

Louth man found guilty of making bomb in his shed

Philip McKevitt, 62, of Dundalk, was found guilty by the Special Criminal Court of possessing explosive substances. The court heard that on May 22, 2010, gardai discovered a trailer in his shed containing two adapted gas cylinders strapped to a wooden frame. Evidence included 52 bags of glucose and a roll of wire described as potential command wire for an IED. Forensic scientist Dr Clara Boland testified that McKevitt's DNA was found on one cylinder handle. McKevitt had denied knowing the items were in his shed, but Justice Isobel Kennedy stated it was "inconceivable" he had not noticed them. During the trial, it was noted that another man, Conan Murphy, 29, had previously pleaded guilty to the same offence and was jailed for six years. McKevitt's case is at the sentencing stage; he was remanded on continuing bail until January 23rd, when he will be sentenced. The matter was adjourned for sentencing and is not yet concluded.

2016-12-21 · Cork

Two IRA accused arrested last week refused bail

Sean Walsh, 50, of St John's Well, Fair Hill, and Joseph Walsh, 36, of Glengarriff Road, Fair Hill, Co Cork, were arrested last week in Cork with Michael Gilmartin, 46, of Chestnut Drive, Cluain Ard, Newtown in Cobh. All three men were charged on 14 December 2016 with membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh Na hÉireann, otherwise the IRA. Gilmartin was also charged with possession of a semi‑automatic 9 mm Walter pistol, a sawn‑off shotgun and 22 rounds of ammunition. At the Special Criminal Court in Dublin, the State objected to the men's bail applications, citing the seriousness of the charges. Detective Sergeant Patrick Murphy and Chief Superintendent Barry McPolin gave evidence that the refusal of bail was necessary to prevent the commission of a serious offence under Section 2A of the Bail Act.

2016-12-19 · Dublin

Dublin man to stand trial accused of IRA membership

Robert Day, 54, of Cabra, Dublin, faces trial at the Special Criminal Court for alleged membership of the Irish Republican Army (IRA). He was charged on 9 October 2015 with belonging to an unlawful organisation. The court, presided over by Justice Isobel Kennedy with Judges Sinead Ni Chulachain and James Faughnan, set the trial for 27 November 2017, expected to last three weeks. Day remains on continuing bail until 3 November 2018.