Courts / Dublin / Report

Murder trial judges refuse application to exclude phone evidence after "Dwyer" judgement

Summary

Judges at the Special Criminal Court trial of Kevin Braney have refused an application to exclude mobile phone evidence. Braney, 44, of Tallaght, Dublin, has pleaded not guilty to the murder of Peter Butterly and the possession of a 9mm Beretta semi-automatic pistol and ammunition at Blackthorn Apartments, Balbriggan, on March 5, 2013. The defence argued that a recent High Court ruling in the case of Graham Dwyer rendered the retention of such data unlawful under EU law. However, presiding judge Mr Justice Paul Coffey, sitting with Judges Martin Nolan and James Faughnan, ruled the evidence admissible, stating there was no evidence that the operation of the 2011 Act was inappropriate at the time. The prosecution subsequently closed its case. The trial continues, with defence counsel Bernard Condon SC indicating he is unlikely to call evidence but may make a short application. The court previously heard from State's witness David Cullen, who pleaded guilty to unlawful possession of a semi-automatic pistol at the Huntsman Inn on the day of the shooting. Cullen described his role as picking up and burying a gun. Prosecution evidence stated that Butterly was shot multiple times outside the Huntsman Inn in Gormanston on March 6, 2013, while students waited for their school bus.

Who, what, where, when and why

What: Report matter: Murder trial judges refuse application to exclude phone evidence after "Dwyer" judgement. Charges or matters: murdering Mr Butterly nearly six years ago; the unlawful possession of a semi-automatic pistol at the Huntsman Inn on the day of the shooting. Procedural stage: trial

When:

• March 5, 2013 Incident
• March 6, 2013 Hearing Or Sentence
• December 5 Hearing Or Sentence
• December 6 Hearing Or Sentence
• July 2014 Incident
• 2018-12-10 Publication

Why: The High Court found last week that the Irish legislation, which allowed data from mobile phones to be retained and accessed, breached EU law and the European Convention on Human Rights because the retention of the data was "general and indiscriminate" and there was no prior review by a court or an independent authority before it could be accessed. CNI source report

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report