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Court rules that man can give evidence against his former murder co-accused in "unprecedented" case

Date
2014-07-03
Stage
Sentence
Primary locality
Gormanston
County
Meath

Summary

In a Special Criminal Court hearing on 3 July 2014, the court ruled that David Cullen, aged 30, is competent to give evidence for the prosecution in the murder trial of Peter Butterly. Cullen, who was charged with the murder of Butterly, had pleaded guilty to unlawful possession of a 9mm Beretta pistol and was sentenced to three‑and‑a‑half years. He was no longer jointly indicted after his guilty plea, so the court found he could testify against the other accused. The other defendants – Edward McGrath (32), Dean Evans (22) and Sharif Kelly (43) – had pleaded not guilty to the murder and to possession of firearms. The trial was adjourned to Tuesday for further proceedings. The court's decision was described as "unprecedented" in the context of a former co‑accused giving evidence.

Who, what, where, when and why

What: Report matter: Court rules that man can give evidence against his former murder co-accused in "unprecedented" case. Charges or matters: the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol at the Huntsman Inn on March 6th, 2013; one count while the count of murder had not been proceeded with; the murder of Peter Butterly at the Huntsman Inn, Gormanston, Co Meath, on March 6th, 2013; the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol and seven rounds of 9mm parabellum calibre ammunition at the same address on the same date; the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol and seven rounds of ammunition with intent to endanger life at the car park of The Huntsman Inn on the same date. Procedural stage: sentence

When:

Case subjects

David Cullen

Convicted Person

Charges: the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol at the Huntsman Inn on March 6th, 2013; one count while the count of murder had not been proceeded with; the murder of Peter Butterly at the Huntsman Inn, Gormanston, Co Meath, on March 6th, 2013; the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol and seven rounds of 9mm parabellum calibre ammunition at the same address on the same date; the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol and seven rounds of ammunition with intent to endanger life at the car park of The Huntsman Inn on the same date (Admitted)

Plea: Guilty

Outcome: Cullen, of Brackenwood Ave, Balbriggan, was yesterday jailed for three-and-a-half years, having pleaded guilty to the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol at the Huntsman Inn on March 6th, 2013.; Mr Justice Paul Butler adjourned the trial until Tuesday.

Dean Evans

Convicted Person

Charges: the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol at the Huntsman Inn on March 6th, 2013; one count while the count of murder had not been proceeded with; the murder of Peter Butterly at the Huntsman Inn, Gormanston, Co Meath, on March 6th, 2013; the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol and seven rounds of 9mm parabellum calibre ammunition at the same address on the same date; the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol and seven rounds of ammunition with intent to endanger life at the car park of The Huntsman Inn on the same date (Alleged Or Contested)

Plea: Not guilty

Outcome: Mr Justice Paul Butler adjourned the trial until Tuesday.

Edward McGrath

Convicted Person

Charges: the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol at the Huntsman Inn on March 6th, 2013; one count while the count of murder had not been proceeded with; the murder of Peter Butterly at the Huntsman Inn, Gormanston, Co Meath, on March 6th, 2013; the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol and seven rounds of 9mm parabellum calibre ammunition at the same address on the same date; the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol and seven rounds of ammunition with intent to endanger life at the car park of The Huntsman Inn on the same date (Alleged Or Contested)

Plea: Not guilty

Outcome: Mr Justice Paul Butler adjourned the trial until Tuesday.

Sharif Kelly

Convicted Person

Charges: the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol at the Huntsman Inn on March 6th, 2013; one count while the count of murder had not been proceeded with; the murder of Peter Butterly at the Huntsman Inn, Gormanston, Co Meath, on March 6th, 2013; the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol and seven rounds of 9mm parabellum calibre ammunition at the same address on the same date; the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol and seven rounds of ammunition with intent to endanger life at the car park of The Huntsman Inn on the same date (Alleged Or Contested)

Plea: Not guilty

Outcome: Mr Justice Paul Butler adjourned the trial until Tuesday.

Places mentioned

Secondary Mention
Court Venue
  • Special Criminal Court
Residence

Topics

Firearms Stage Sentence Violent Crime

Related court reports

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