Courts / Dublin / Report

Detective denies he "deliberately withheld" information about how murder accused turned State's witness

Summary

The Special Criminal Court trial of Edward McGrath and Sharif Kelly, who have pleaded not guilty to the alleged murder of Peter Butterly and firearms offences, continues before Mr Justice Tony Hunt. A third accused, Dean Evans, failed to appear and has not been located, prompting the non-jury court to proceed with the two co-accused. The proceedings currently focus on a voir dire, or trial within a trial, to determine the admissibility of evidence from state witness David Cullen, who was originally accused of the murder. Defence counsel for Mr Kelly challenged Detective Superintendent Alf Martin, the senior investigating officer, suggesting he deliberately withheld information regarding how Cullen became a prosecution witness. The detective denied deliberately concealing facts, stating there was no deal to drop charges, though he acknowledged a phone call where a solicitor's notes referenced a dropped murder charge. Former Witness Protection Program chief superintendent John Gilligan testified that he was informed of Cullen's potential application in June 2014 and arranged his transfer for safety. The court is assessing these testimonies to decide whether Cullen's evidence should be admitted. The trial remains ongoing, with no final verdict or sentence issued.

Who, what, where, when and why

What: Report matter: Detective denies he "deliberately withheld" information about how murder accused turned State's witness. Charges or matters: the alleged murder; firearms offences on the same occasion. Procedural stage: trial

When:

• March 6th, 2013 Hearing Or Sentence
• June 24th, 2014 Hearing Or Sentence
• June 25th, 2014 Hearing Or Sentence
• June 26th Hearing Or Sentence
• June 25th Hearing Or Sentence
• 2017-01-31 Publication

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report