Courts / Meath / Report

Court to rule next week on disclosure of communications between chief prosecution witness and his solicitor

Summary

The Special Criminal Court will rule on Tuesday regarding the disclosure of communications between the chief prosecution witness and his solicitor. This procedural issue arose on the 35th day of the trial of Dean Evans, Edward McGrath, and Sharif Kelly, who are accused of murdering dissident republican Peter Butterly. All three defendants have pleaded not guilty to the murder of the 35-year-old father of two. Evans and McGrath have additionally pleaded not guilty to firearm offences on the same occasion. The court heard that David Cullen, the State's witness, agreed to disclose documents relating to his communications with his solicitor since June 5, 2014. However, the State maintained this was not a general waiver of legal professional privilege, while defence lawyers sought disclosure of all such communications. Cullen, who is currently 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 Butterly's shooting in the car park of the Huntsman Inn, Gormanston, Co Meath, on March 6, 2013. During cross-examination, Cullen raised privilege claims and requested to speak to his solicitor, a request the court initially refused before acceding to it. The three-judge, non-jury court will consider its ruling on the disclosure matter over the weekend.

Who, what, where, when and why

What: Report matter: Court to rule next week on disclosure of communications between chief prosecution witness and his solicitor. Charges or matters: murdering the 35-year-old father of two; firearm offences on the same occasion. Procedural stage: trial

When:

• June 5th, 2014 Hearing Or Sentence
• March 6 2013 Hearing Or Sentence
• 2014-11-28 Publication

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report