Courts / Dublin / Report

Non-jury court reserves decision on whether counsel advising main prosecution witness has "right of audience" during trial

Summary

The Special Criminal Court has reserved its decision on whether senior counsel Dominic Mc Ginn SC has a right of audience to advise the main prosecution witness, David Cullen, during the ongoing trial. The procedural issue arose on the thirty-third day of the trial, where Cullen claimed legal professional privilege over communications with his solicitor during cross-examination. Presiding Judge Ms Justice Deirdre Murphy described the situation as unprecedented and directed that Mc Ginn be provided with relevant trial extracts to advise Cullen on the nature of the disclosure sought by the defence. The defence was ordered to supply a list of the information they seek to disclose to ensure a fair trial. The court will hear further submissions on the disclosure issue tomorrow. The trial concerns the alleged murder of Peter Butterly, a 35-year-old father of two, who was shot dead in the car park of the Huntsman Inn in Gormanston, Co Meath, on March 6, 2013. Defendants Dean Evans, Edward McGrath, and Sharif Kelly have all pleaded not guilty to the murder charge. Evans and McGrath have additionally pleaded not guilty to firearm offences on the same occasion. Cullen, who allegedly turned State's witness, had previously implicated the three accused in the killing. The matter remains at the pre-trial or trial stage regarding procedural rights, with no final verdict or sentence issued.

Who, what, where, when and why

What: Report matter: Non-jury court reserves decision on whether counsel advising main prosecution witness has "right of audience" during trial. Charges or matters: murdering the 35-year-old father of two; firearm offences on the same occasion. Procedural stage: charge_or_pretrial

When:

• March 6 2013 Hearing Or Sentence
• 2014-11-26 Publication

Case subjects

Places mentioned

Topics

Stage Charge Or Pretrial Violent Crime

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Read the original CNI report