Courts / Meath / Report

Court to rule next week on whether gardai can give evidence anonymously in murder trial

Date
2014-10-10

Stage
Sentence

Court
Ruaidhri Giblin The Special Criminal Court

Primary locality
Gormanston

County
Meath

Summary

The Special Criminal Court will rule next week on whether nine National Surveillance Unit officers can give evidence anonymously in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men, who have pleaded not guilty to the murder of Peter Butterly and unlawful possession of a 9mm Beretta pistol at the Huntsman Inn in Gormanston, Co Meath, on March 6th, 2013, face a non-jury hearing. The DPP has applied to withhold the officers' identities and erect a screen to protect their physical characteristics, citing risks to their safety and the security of Garda operations. The prosecution intends to rely on forensic evidence and testimony from David Cullen, who pleaded guilty to unlawful possession of the same firearm and was jailed for three-and-a-half years in July. Cullen, described as part of the murder plan, alleges he was tasked with collecting the gun after the shooting. Defence counsel for McGrath, Evans, and Kelly have sought disclosures regarding Cullen's credibility, including his medical records, witness protection application, and legal notes. Presiding Judge Deirdre Murphy noted the significant interference with cross-examination rights inherent in the anonymity application. The court will deliver its ruling on Tuesday afternoon, when the case resumes before Judges Dunne and Heneghan.

Who, what, where, when and why

What: Report matter: Court to rule next week on whether gardai can give evidence anonymously in murder 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; 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
March 5 2013 Incident
2014-10-10 Publication

Why: In what has been described as an "extraordinary and unusual application" by defence counsel, the DPP has also applied to erect a "screen" between surveillance officers and the public in order to protect their physical characteristics. Defence account reported by CNI

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; 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