Courts / Meath / Report
Ruling to allow witnesses give evidence anonymously would be "extraordinary" and "departure from the common law", court told
Summary
The Special Criminal Court is hearing a prosecution application to allow nine National Surveillance Unit gardaí to give evidence anonymously in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three defendants, who have pleaded not guilty to the 2013 murder of Peter Butterly at the Huntsman Inn in Gormanston, Co Meath, face additional firearm charges. Prosecution counsel argued that the non-jury court's statutory powers permit witness protection to address safety concerns for the officers and their families, citing the court's mandate to control its own procedures. Defence counsel for Evans contended that the court lacks jurisdiction to grant anonymity, describing such a ruling as an extraordinary departure from common law and the right to know one's accuser. He noted that one witness, referred to as Garda A, had already been identified in statements in error. The presiding judge, Ms Justice Deirdre Murphy, highlighted the significant legal implications of setting aside the right to know the identity of an accuser. The court, consisting of Judges Margaret Heneghan and Cormac Dunne, is scheduled to deliver its ruling on the anonymity application tomorrow.
Who, what, where, when and why
What: Report matter: Ruling to allow witnesses give evidence anonymously would be "extraordinary" and "departure from the common law", court told. Charges or matters: the murder of dissident republican Peter Butterly (35), who was shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013; firearm offences at the same address and on the same date. Procedural stage: trial
When:
- March 6th, 2013 Other
- 2014-10-14 Publication
Case subjects
Defendant
Charges: the murder of dissident republican Peter Butterly (35), who was shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013; firearm offences at the same address and on the same date (Alleged Or Contested)
Plea: Not guilty
Defendant
Charges: the murder of dissident republican Peter Butterly (35), who was shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013; firearm offences at the same address and on the same date (Alleged Or Contested)
Plea: Not guilty
Defendant
Charges: the murder of dissident republican Peter Butterly (35), who was shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013; firearm offences at the same address and on the same date (Alleged Or Contested)
Plea: Not guilty
Places mentioned
- Special Criminal Court
- Tallaght
- Grange Park
- Pinewood Green Road
- Balbriggan
Topics
Firearms Stage Trial Violent Crime
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- Peter Butterly murderer fails in Supreme Court bid
- Sports complex manager sacked after taking two bottles of wine
- Man jailed for perverting investigation into dissident murder says he was unlawfully detained
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