Butler's murder conviction appeal allowed
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
The Court of Appeal allowed Butler's appeal against his murder conviction on 3 July 2017. Mr. Justice Mahon delivered the court's judgment.
A Central Criminal Court jury convicted Butler of murder on 15 May 2015. He was sentenced that day to life imprisonment, dating from 9 January 2014.
The judgment placed the events in a County Waterford house during the evening and early morning of 9–10 January 2014. It recorded an allegation that Butler fatally stabbed his cousin, Michael O'Dwyer, after a row.
The trial ran from 5 to 14 May 2015. An earlier trial had ended the previous week when its jury was discharged after a witness gave evidence of which neither side had prior notice.
Anthony O'Grady made a statement on 10 January 2014 claiming to have witnessed the stabbing. At trial he professed a lack of memory, and his statement was admitted under section 16 of the Criminal Justice Act 2006. Butler's appeal challenged its reliability and whether the statutory requirements for admission had been established.
The appeal also challenged the admission of evidence from Butler's former partner, Mary Rose Burke, that he admitted stabbing the deceased during her prison visit on 13 January 2014.
Butler parted company with his legal team on 12 May 2015. His counsel said his new instructions were radically different. An adjournment to obtain new representation was refused, and Butler represented himself.
He subsequently put to Anthony O'Grady that he had accidentally stabbed Michael O'Dwyer while struggling to take a knife from the witness. Anthony O'Grady vehemently denied this. Butler gave no evidence and called no witnesses.
The court allowed the appeal solely because the trial judge had failed to explain that, without sworn evidence supporting Butler's revised account, the jury could not consider it. The judge had correctly reminded him of his entitlement to give evidence under oath.