Man jailed for perverting investigation into dissident murder says he was unlawfully detained

Raymond Kennedy has appealed his conviction for perverting the course of justice in relation to the 2013 murder of dissident republican Peter Butterly. Kennedy was sentenced to eighteen months imprisonment by the Special Criminal Court in July 2021 after being found guilty of destroying a mobile phone SIM card on the day Butterly was shot dead in a car park at Gormanston, County Meath. Kennedy had arranged to meet Butterly on the afternoon of the killing and arrived at the scene shortly after the shooting occurred. While gardaí requested he remain for interview, Kennedy removed and disposed of the SIM card, which prosecutors established was of significant evidential value to the investigation. The court previously rejected Kennedy's account that he had acted in panic, instead finding his conduct was calculated and deliberate. At the Court of Appeal hearing, Kennedy's legal representatives contended that he was unlawfully detained when gardaí instructed him to remain at the scene. They further argued he should have been formally cautioned before making admissions regarding the mobile phone device and its destruction. The defence submission centred on procedural fairness and the conditions under which his involvement with the SIM card came to light. The Director of Public Prosecutions' counsel responded that Kennedy had approached gardaí voluntarily and had been afforded appropriate procedural fairness throughout, including the option of a formal interview conducted at a station. This submission suggested the circumstances of his detention and questioning did not breach his legal rights. Justice John Edwards has reserved judgment on the appeal. Four men have previously received life sentences for Butterly's murder, with two others also convicted and imprisoned for their roles in the killing. The outcome of Kennedy's appeal will determine whether his conviction stands or is set aside on procedural grounds.