Courts / Meath / Report
Gardai refuse to hand over sensitive material to DPP despite court ruling
Summary
In a Special Criminal Court hearing on 27 November 2019, Ms Justice Tara Burns ruled that prosecution counsel must view sensitive material relating to two men charged with the murder of a dissident republican. The material, held by An Garda Siochana, concerns Peter Butterly, a 35‑year‑old father of two, who was shot dead on 6 March 2013 at the Huntsman Inn car park in Gormanston, Co. Meath. Laurence Murphy (62) and Ray Kennedy (40) are charged with membership of an unlawful organisation, the IRA, and Kennedy with destroying a SIM card. Detective Chief Superintendent Anthony Howard, head of the Special Detective Unit, claimed the material was essential to his belief that the men were IRA members, citing security concerns. Garda Siochana cited fears for the safety of prosecution counsel as the reason for withholding the material, but the court found no legal basis for that claim. Laurence Murphy pleaded not guilty. Ray Kennedy pleaded not guilty.
Who, what, where, when and why
What: Report matter: Gardai refuse to hand over sensitive material to DPP despite court ruling. Charges or matters: membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh Na hÉireann, otherwise the IRA on March 6th, 2013. Procedural stage: charge_or_pretrial
When:
- March 6th, 2013 Other
- December 2017 Other
- 2019-11-27 Publication
Why: Prosecution counsel told the Special Criminal Court today that An Garda Siochana cited fears for the safety of the prosecution's senior and junior counsel as the reason for not handing over the material. Prosecution account reported by CNI
Case subjects
Accused
Charges: membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh Na hÉireann, otherwise the IRA on March 6th, 2013 (Alleged Or Contested)
Plea: Not guilty
Accused
Charges: membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh Na hÉireann, otherwise the IRA on March 6th, 2013 (Alleged Or Contested)
Plea: Not guilty
Places mentioned
- Special Criminal Court
- McDonough Caravan Park
- Triton Road
- Whitestown Drive
- Blanchardstown
- Dublin
Topics
Stage Charge Or Pretrial Violent Crime
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