Courts / Meath / Report

Court set to rule on disclosure issue in Butterly trial

Date
2014-10-09

Stage
Sentence

Primary locality
Gormanston

County
Meath

Summary

The Special Criminal Court is set to rule on a disclosure application in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men have pleaded not guilty to the murder of Peter Butterly, who was shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013. McGrath and Evans also face firearm offences at the same address and date, while all three are charged with the unlawful possession of a 9mm Beretta pistol. The prosecution intends to rely on the testimony of David Cullen, who previously pleaded guilty to the unlawful possession of the same firearm and was jailed for three-and-a-half years. Cullen's plea was accepted by the DPP, resulting in a nolle prosequi on the murder count. Defence counsel have sought extensive disclosures regarding Cullen's credibility, including medical records, his witness protection application, and confirmation of whether he was a garda informant. The DPP described these requests as an attempt to impugn Cullen's character, while defence lawyers argued the disclosure process was unsatisfactory. The court will also rule on a DPP application to screen nine National Surveillance Unit gardaí to protect their identities. The matter was adjourned for the court's decision on these procedural issues.

Who, what, where, when and why

What: Report matter: Court set to rule on disclosure issue in Butterly trial. Charges or matters: the murder of Peter Butterly (35), who was shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013; firearm offences at the same address and on the same date; the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol at the Huntsman Inn on March 6th, 2013. Procedural stage: sentence

When:

March 6th, 2013 Incident
2014-10-09 Publication

Case subjects

David Cullen

Accused

Charges: the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol at the Huntsman Inn on March 6th, 2013 (Admitted)

Plea: Guilty

Outcome: The disclosures include Mr Cullen's medical records, a laptop computer seized by gardaí, details regarding his application to the witness protection programme, records pertaining to his detention in Portlaoise Prison, legal notes made between Mr Cullen and his lawyers prior to him becoming a "crucial prosecution witness" and confirmation on whether or not he had ever been a garda informant. In July, Mr Cullen was jailed for three-and-a-half years, having pleaded guilty to the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol at the Huntsman Inn on March 6th, 2013.

Dean Evans

Defendant

Charges: the murder of Peter Butterly (35), who was shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013; firearm offences at the same address and on the same date; the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol at the Huntsman Inn on March 6th, 2013 (Alleged Or Contested)

Plea: Not guilty

Edward McGrath

Defendant

Plea: Not guilty

Sharif Kelly

Defendant

Plea: Not guilty