State's witness not prosecuted for alleged perjury over fears he wouldn't return to Ireland

A State's witness who allegedly committed perjury during a previous murder trial was not prosecuted over concerns he would not return to Ireland, the Special Criminal Court heard. Dave Cullen, whose evidence secured convictions in the murder of dissident republican Peter Butterly, was due to testify in ongoing trials at the court. Superintendent Frank Walsh disclosed that following an earlier trial, judges had criticised Cullen and suggested he had perjured himself. Though Cullen was issued a caution document, prosecution was not pursued because he was believed unlikely to come back to the State, now residing in a protection programme abroad. Defence counsel for accused Laurence Murphy, charged with membership of an unlawful organisation, submitted that this constituted new evidence. The court ordered the prosecution to respond to defence queries regarding documentation on the decision not to prosecute Cullen for perjury. Justice Tara Burns adjourned proceedings to allow examination of the matter raised.