Courts / Meath / Report

Public to be excluded from court while surveillance gardaí give evidence in murder trial

Date
2014-10-16

Stage
Sentence

Primary locality
Gormanston

County
Meath

Summary

The Special Criminal Court has directed that the public be excluded from the courtroom while National Surveillance Unit gardaí give evidence 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, shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013, face additional firearm charges. The court ruled that the officers' professional names and addresses must be provided to the defence but restricted from publication, balancing safety concerns with the right to a fair trial. The prosecution intends to call David Cullen, who pleaded guilty to the unlawful possession of a 9mm Beretta pistol at the same location and date, and was sentenced to three-and-a-half years in prison in July. The court ordered the disclosure of certain records regarding Cullen's credibility, including confirmation on whether he was a garda informant and PULSE records, while refusing to disclose his psychiatric records. Access to a seized laptop was granted to a defence expert. The court deemed an application to disclose legal notes between Cullen and his lawyers premature. The full trial hearing is expected to commence on Tuesday before Judges Heneghan, Dunne, and Murphy.

Who, what, where, when and why

What: Report matter: Public to be excluded from court while surveillance gardaí give evidence in murder trial. Charges or matters: the murder of Mr 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
2014-10-16 Publication

Why: In what had been described as an "extraordinary and unusual application" by defence counsel, the DPP had 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 included Mr Cullen's psychiatric 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

Accused

Charges: the murder of Mr 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

Accused

Plea: Not guilty