Courts / Meath / Report

Pair convicted of brutal dissident murder close appeals

Date
2020-12-10
Stage
Appeal
Primary locality
Gormanston
County
Meath

Summary

In December 2020 the Court of Appeal reserved judgment on the appeal of Sharif Kelly and Edward McGrath, who were convicted of murdering Peter Butterly in 2013. The men had been sentenced to life imprisonment by the Special Criminal Court. Their conviction relied heavily on testimony from former co‑accused David Cullen, who had pleaded guilty to unlawful possession of a pistol and was later turned into a State witness. Cullen's evidence, which alleged a planning meeting and the men's presence, was contested by the defence as unreliable and tainted. The appeal argued that Cullen's testimony was not credible and that the men's state of mind at the time of the murder was not established. The Court of Appeal, presided over by Justice George Birmingham, has not yet ruled on the appeal.

Who, what, where, when and why

What: Report matter: Pair convicted of brutal dissident murder close appeals. 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:

Case subjects

David Cullen

Convicted Person

Charges: the unlawful possession of a semi-automatic pistol at the Huntsman Inn on the day of the shooting (Admitted)

Plea: Guilty

Outcome: He said that the trial court was fully entitled to find both men guilty of murder beyond reasonable doubt. "The court did not act on the evidence of Mr Cullen, except when it was corroborated by other evidence," he submitted. "Clearly, the court found guilt independent of the evidence of David Cullen, but it is copper fastened by his evidence." Court President Justice George Birmingham (presiding)

Edward McGrath

Convicted Person

Charges: the unlawful possession of a semi-automatic pistol at the Huntsman Inn on the day of the shooting (Alleged Or Contested)

Outcome: He said that the trial court was fully entitled to find both men guilty of murder beyond reasonable doubt. "The court did not act on the evidence of Mr Cullen, except when it was corroborated by other evidence," he submitted. "Clearly, the court found guilt independent of the evidence of David Cullen, but it is copper fastened by his evidence." Court President Justice George Birmingham (presiding)

Sharif Kelly

Appellant

Charges: the unlawful possession of a semi-automatic pistol at the Huntsman Inn on the day of the shooting (Alleged Or Contested)

Outcome: Sharif Kelly and Edward McGrath were sentenced to life in prison by the Special Criminal Court for murdering Peter Butterly in Meath almost eight years ago.; He said that the trial court was fully entitled to find both men guilty of murder beyond reasonable doubt. "The court did not act on the evidence of Mr Cullen, except when it was corroborated by other evidence," he submitted. "Clearly, the court found guilt independent of the evidence of David Cullen, but it is copper fastened by his evidence." Court President Justice George Birmingham (presiding)

Places mentioned

Court Venue
  • Court of Appeal
  • Special Criminal Court
Secondary Mention
Residence

Topics

Stage Appeal Violent Crime

Related court reports

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