Courts / Dublin / Report

State's witness not prosecuted for alleged perjury over fears he wouldn't return to Ireland

Date
2019-10-22

Stage
Sentence

Primary locality
Blanchardstown

County
Dublin

Summary

The Special Criminal Court has adjourned the trial of Laurence Murphy and Ray Kennedy, who both pleaded not guilty to membership of an unlawful organisation. The court heard that Dave Cullen, a State's witness in the Peter Butterly murder case, was not prosecuted for alleged perjury due to fears he would not return to Ireland from a protection program abroad. Cullen had previously pleaded guilty to possession of a firearm in suspicious circumstances. The trial, presided over by Ms Justice Tara Burns, was paused after the defence requested documentation regarding the decision not to prosecute Cullen. The matter was adjourned until tomorrow. In related proceedings, Kevin Braney was found guilty of premeditated murder and sentenced to life imprisonment. Frank Murphy, brother of the accused Laurence Murphy, pleaded guilty to impeding the apprehension of Cullen and was jailed for three years, with the final year suspended. Michael McDermott, who played a role in the murder, has also been jailed. The court noted that Cullen's evidence was used in the convictions of four individuals for Butterly's murder.

Who, what, where, when and why

What: Report matter: State's witness not prosecuted for alleged perjury over fears he wouldn't return to Ireland. Charges or matters: membership of an unlawful organisation; committing an act to impede the apprehension or prosecution; premeditated murder; possession of a firearm in suspicious circumstances; carrying out an act intending to pervert the course of justice; murder. Procedural stage: sentence. Findings: Found guilty

When:

March 6, 2013 Incident
March 7, 2013 Adjournment
March 7 Incident
2019-10-22 Publication

Why: A murder-accused who turned State's witness was not prosecuted over alleged lies he told during a murder trial because of fears that he would not return to Ireland, the Special Criminal Court has heard. CNI source report

Case subjects

Dave Cullen

Convicted Person

Charges: possession of a firearm in suspicious circumstances (Alleged Or Contested)

Frank Murphy

Convicted Person

Charges: committing an act to impede the apprehension or prosecution (Alleged Or Contested)

Outcome: Frank Murphy (59), a brother of accused man Laurence Murphy, of McDonagh Caravan Park, Triton Road, Bettystown, Co Meath, was jailed for three years with the final year suspended after pleading guilty to committing an act to impede the apprehension or prosecution David Cullen, knowing or believing him to be guilty of possession of a firearm in suspicious circumstances within the State on March 6, 2013.

Kevin Braney

Convicted Person

Charges: premeditated murder (Proven)

Finding: Found guilty

Outcome: Found guilty; Braney (44), of Glenshane Crescent, Tallaght, Dublin 24 was sentenced to the mandatory term of life imprisonment after he was found guilty by the Special Criminal Court of the "premeditated" murder of Mr Butterly.

Laurence Murphy

Defendant

Charges: membership of an unlawful organisation (Alleged Or Contested)

Plea: Not guilty

Outcome: adjourned

Michael McDermott

Convicted Person

Charges: murder (Alleged Or Contested)

Outcome: Another man, Michael McDermott (60), of Riverdale House, Garrymore, Ballinagh, Co Cavan who played a role in the murder of Mr Butterly, has also been jailed.

Ray Kennedy

Defendant

Charges: membership of an unlawful organisation; carrying out an act intending to pervert the course of justice (Alleged Or Contested)

Plea: Not guilty

Outcome: adjourned