Courts / Ireland / Report

Peter Butterly murder accused were "unlawfully detained", defence argues

Summary

In a Special Criminal Court hearing, the barristers for Edward McGrath and Sharif Kelly argued that the two men, accused of murdering 35‑year‑old Peter Butterly outside The Huntsman Inn in 2013, were unlawfully detained on the side of the road. The men were allegedly held by National Surveillance Unit officers before being formally arrested. Mr Kelly's barrister, Giollaíosa Ó Lideadha, claimed an unacceptable delay and that the officers failed to take contemporaneous notes, questioning whether Section 30 of the Offences Against the State Act was invoked. He argued the prosecution had not proved the delay was justified and that Mr Kelly should have been arrested within minutes of Garda arrival. Paul Greene, representing Mr McGrath, agreed, citing a policy that led to unconstitutional roadside detention. The case is the second trial for both men, following a collapsed first trial in 2015. The court is presided over by Mr Justice Tony Hunt with Judges John O'Hagan and Anne Ryan. Edward McGrath pleaded not guilty. Sharif Kelly pleaded not guilty.

Who, what, where, when and why

What: Report matter: Peter Butterly murder accused were "unlawfully detained", defence argues. Charges or matters: the alleged murder; firearms offences on the same occasion. Procedural stage: trial

When:

• March 6th, 2013 Hearing Or Sentence
• 2017-01-26 Publication

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

Read the original CNI report