Courts / Dublin / Report

'New IRA' leader should never have been convicted of dissident murder, lawyers argue

Summary

The Court of Appeal is hearing an appeal by Kevin Braney, who was convicted by the Special Criminal Court of the 2013 murder of Peter Butterly. Counsel for Braney argued that the conviction should be overturned because the trial relied on the evidence of David Cullen, a State's witness described as a perjurer and accomplice. Cullen had previously pleaded guilty to unlawful possession of a semi-automatic pistol, receiving a seven-year sentence with half suspended, in exchange for dropping a murder charge. The defence contended that Cullen's credibility was undermined by his admitted dishonesty and personal animus toward Braney. The Director of Public Prosecutions countered that the circumstantial evidence, including observed movements of gang members, was compelling and supported Cullen's testimony that Braney instructed the killing. Braney, who was previously sentenced in 2018 to four years and six months for IRA membership, was found guilty of premeditated murder in February 2019. Co-defendants Edward McGrath, Sharif Kelly, and Dean Evans also received life sentences for the murder, with Evans identified as the shooter. The three-judge Court of Appeal will hear further submissions from both parties before making a decision.

Who, what, where, when and why

What: Report matter: 'New IRA' leader should never have been convicted of dissident murder, lawyers argue. Charges or matters: IRA membership by the Special Criminal Court. Procedural stage: appeal. Findings: Found guilty

When:

• March 6, 2013 Hearing Or Sentence
• February 2019 Hearing Or Sentence
• 2025-03-20 Publication

Why: A man named by gardai as the leader of the so-called New IRA in Dublin should not have been convicted of the murder of a dissident republican because his trial relied on the evidence of a self-confessed accomplice, liar and perjurer of the "lowest possible character", a barrister has argued before the Court of Appeal. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report