Courts / Meath / Report

Chief prosecution witness in murder trial agrees to disclose some communications with solicitor

Summary

The Special Criminal Court heard that chief prosecution witness David Cullen has agreed to voluntarily disclose some communications with his solicitor, Mr Dominic Mc Ginn SC, to the defence. This disclosure covers documents from June 5, 2014, but does not constitute a general waiver of his claim to legal professional privilege. Prosecuting counsel Ms Una Ni Raifeartaigh SC noted that Cullen previously refused to answer cross-examination questions regarding these communications, asserting his privilege. The court is currently hearing legal submissions on the scope of this disclosure, as defence lawyers seek access to all such communications. Cullen, who is serving a three-and-a-half-year prison sentence, allegedly turned State's witness after being part of the murder plan. He implicated the three accused in the shooting of dissident republican Peter Butterly, a 35-year-old father of two, in the car park of the Huntsman Inn, Gormanston, Co Meath, on March 6, 2013. The defendants are Dean Evans (24), Edward McGrath (33), and Sharif Kelly (44). All three have pleaded not guilty to the murder charge. Evans and McGrath have additionally pleaded not guilty to firearm offences on the same occasion. The trial, which is on its 34th day, is continuing.

Who, what, where, when and why

What: Report matter: Chief prosecution witness in murder trial agrees to disclose some communications with solicitor. Charges or matters: murdering the 35-year-old father of two; firearm offences on the same occasion. Procedural stage: charge_or_pretrial

When:

• June 5th, 2014 Hearing Or Sentence
• March 6 2013 Hearing Or Sentence
• 2014-11-27 Publication

Case subjects

Places mentioned

Topics

Stage Charge Or Pretrial Violent Crime

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Read the original CNI report