Courts / Dublin / Report

Evidence of protected witness should be excluded, defence tell trial

Summary

The Special Criminal Court trial of Edward McGrath and Sharif Kelly, who are accused of murdering dissident republican Peter Butterly in 2013, is currently at the procedural stage of a voir dire. Both men have pleaded not guilty to the alleged murder, with McGrath additionally pleading not guilty to firearms offences on the same occasion. A third accused, Dean Evans, failed to appear and has not been located by gardai, leading the non-jury court to proceed with the remaining two defendants. The central issue involves the admissibility of evidence from David Cullen, a former co-accused who became a State witness. Defence counsel for Kelly, Giollaíosa Ó'Lideadha SC, submitted that Cullen's testimony should be excluded because the court cannot properly assess the process by which he turned witness. Citing a Supreme Court judgment, the barrister argued that omissions in gardai note-taking mean the court lacks essential material to verify if Kelly's right to a fair trial is upheld. He contended that Cullen's access to the book of evidence created particular dangers regarding the integrity of his statements. The legal submissions regarding the exclusion of this protected witness evidence continue before Mr Justice Tony Hunt, Judge John O'Hagan, and Judge Anne Ryan.

Who, what, where, when and why

What: Report matter: Evidence of protected witness should be excluded, defence tell trial. Charges or matters: firearms offences on the same occasion. Procedural stage: trial

When:

• March 6th, 2013 Hearing Or Sentence
• 2017-02-16 Publication

Why: Credit: Collins) The evidence of a protected witness at the Special Criminal Court trial of two Dublin men accused of murdering dissident republican Peter Butterly should be excluded from the trial because the court cannot properly assess the process by which the man turned from co-accused into State witness, a defence barrister has submitted. Defence account reported by CNI

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report