Courts / Dublin / Report
Privacy rights of 'New IRA' leader breached during surveillance, murder appeal told
Summary
Kevin Braney, aged 49, is appealing his conviction for the murder of Peter Butterly at the Special Criminal Court. The appeal, heard before a three-judge panel, centres on two main issues: the lawfulness of surveillance authorisation and the admissibility of evidence from an accomplice-turned-State's witness. Braney's counsel argues that gardai breached his privacy rights by deploying a listening device at a KFC restaurant in Charlestown Shopping Centre, Finglas without proper district court authorisation. The defence contends a superintendent in County Meath could have sought judicial approval at nearby Balbriggan District Court rather than relying on emergency powers under the Criminal Law (Surveillance) Act 2009. The Director of Public Prosecutions argues the superintendent acted appropriately given time constraints when the criminal meeting emerged. The prosecution also disputes whether private conversation expectations apply in a public restaurant setting. Additionally, Braney's legal team challenges the trial court's reliance on evidence from David Cullen, who pleaded guilty to firearms offences and entered witness protection. The defence characterises Cullen as unreliable and willing to lie in his interests.
Who, what, where, when and why
What: Report matter: Privacy rights of 'New IRA' leader breached during surveillance, murder appeal told. Charges or matters: IRA membership by the Special Criminal Court; Mr Butterly's murder before turning State's witness; a firearms offence and received a sentence of three years and six months. Procedural stage: appeal. Findings: Found guilty
When:
- March 6, 2013 Hearing Or Sentence
- February 2019 Hearing Or Sentence
- 2025-03-21 Publication
Case subjects
Convicted Person
Charges: IRA membership by the Special Criminal Court (Proven)
Finding: Found guilty
Outcome: Found guilty; Prior to that conviction, Braney was sentenced in 2018 to four years and six months after he was found guilty of IRA membership by the Special Criminal Court.
Background Person
Charges: Mr Butterly's murder before turning State's witness; a firearms offence and received a sentence of three years and six months; IRA membership by the Special Criminal Court (Proven)
Finding: Found guilty
Outcome: Found guilty; Prior to that conviction, Braney was sentenced in 2018 to four years and six months after he was found guilty of IRA membership by the Special Criminal Court.; Cullen said he overheard Braney tell another member of the gang: "Make sure this is done right and he [Butterly] doesn't get away." Ms Justice Isobel Kennedy, sitting with Mr Justice Michael MacGrath and Mr Justice Brian O'Moore, reserved judgment.
Places mentioned
- Court of Appeal
- Special Criminal Court
- Balbriggan
- Balbriggan District Court
- Glenshane Crescent
- Tallaght
- Dublin
- Pinewood Green Road
- Balbriggan
- Grange Park
Topics
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