Courts / Meath / Report

Murder accused-turned-witness 'tarnished', State accepts

Summary

In a murder conviction appeal, the DPP's counsel, Paul O'Higgins SC, acknowledged that David Cullen, a former murder suspect who became a State witness, was a 'tarnished' witness. Cullen had previously pleaded guilty to unlawful possession of a semi‑automatic pistol and was sentenced to seven years' imprisonment, half suspended, for that offence. He testified for four and a half days in the Special Criminal Court trial of Sharif Kelly and Edward McGrath, who were convicted of murdering Peter Butterly in 2013. The defence argued that Cullen's evidence was tainted and should have been excluded, citing his prior perjury conviction. O'Higgins countered that no rule bars a person convicted of perjury from giving evidence, and that the trial court could rely on Cullen's testimony only if corroborated by other evidence. The appeal remains before the Court of Appeal.

Who, what, where, when and why

What: Report matter: Murder accused-turned-witness 'tarnished', State accepts. Charges or matters: the unlawful possession of a semi-automatic pistol at the Huntsman Inn on the day of the shooting. Procedural stage: appeal

When:

• March 6, 2013 Hearing Or Sentence
• March 2017 Hearing Or Sentence
• January 2015 Incident
• July 2014 Incident
• 2020-12-09 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report