Courts / Dublin / Report
Court refuses to exclude evidence of murder accused turned State's witness
Summary
The Special Criminal Court refused to exclude the testimony of former murder accused David Cullen, who has become a State witness, from the trial of Kevin Braney, accused of murdering Peter Butterly. The defence argued Cullen was a 'parody of a witness' and his evidence was riddled with inconsistencies, but the court found the circumstantial evidence supporting his testimony—such as CCTV footage, the recovered firearm and ammunition, and surveillance of Braney's car—sufficient to establish a prima facie case. The court also rejected two other defence applications: one to acquit Braney on related firearms charges and another to discharge the judges. The trial, presided over by Mr Justice Paul Coffey with Judges Martin Nolan and James Faughnan, continues with Cullen's evidence admitted. Braney, aged 44, has pleaded not guilty to the murder and to possession of a 9mm Beretta pistol and ammunition. The prosecution closed its case on Monday.
Who, what, where, when and why
What: Report matter: Court refuses to exclude evidence of murder accused turned State's witness. 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
- 2018-12-12 Publication
Why: Finally, the defence counsel applied to the judges to discharge themselves from the trial because of the prosecution's opening address in the case. Prosecution account reported by CNI
Case subjects
Accused
Charges: 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 (Alleged Or Contested)
Plea: Not guilty
Places mentioned
- The Special Criminal Court
- Brackenwood Avenue
Topics
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