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Convicted dissident murderer 'caught red-handed', barrister agrees

Date
2020-12-08
Stage
Appeal
Primary locality
Gormanston
County
Meath

Summary

The appeal of Edward McGrath and Sharif Kelly, who were convicted of the murder of Peter Butterly in 2013, is ongoing before the Court of Appeal. McGrath's barrister, Paul Greene SC, argued that while McGrath was 'caught red-handed' in the criminal enterprise, there was a lack of evidence regarding his state of mind at the time of the shooting. The appeal hinges on the reliability of David Cullen's testimony, who was originally charged with the murder but later pleaded guilty to the unlawful possession of a semi-automatic pistol at the Huntsman Inn on the day of the shooting. Cullen's evidence was central to the convictions of McGrath, Kelly, and others. The appeal is examining whether the trial judges erred in accepting Cullen's testimony, which was the basis of the convictions. The matter was adjourned for further submissions from the DPP, with Paul O'Higgins SC set to continue his arguments tomorrow. Dean Evans, who pleaded guilty to the murder, was not present for the trial but was extradited back to Ireland. The case remains in the appeal stage, with no finalised conclusions yet.

Who, what, where, when and why

What: Report matter: Convicted dissident murderer 'caught red-handed', barrister agrees. Charges or matters: the unlawful possession of a semi-automatic pistol at the Huntsman Inn on the day of the shooting. Procedural stage: appeal

When:

Case subjects

Dean Evans

Convicted Person

Charges: the unlawful possession of a semi-automatic pistol at the Huntsman Inn on the day of the shooting (Admitted)

Plea: Guilty

Edward McGrath

Convicted Person

Charges: the unlawful possession of a semi-automatic pistol at the Huntsman Inn on the day of the shooting (Alleged Or Contested)

Sharif Kelly

Convicted Person

Charges: the unlawful possession of a semi-automatic pistol at the Huntsman Inn on the day of the shooting (Alleged Or Contested)

Places mentioned

Court Venue
  • Court of Appeal
  • Special Criminal Court
Secondary Mention
Residence

Topics

Firearms Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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