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Murderer's privacy rights not breached when gardaí listened in on KFC chat, court finds

Summary

The Court of Appeal has ruled that the privacy rights of Kevin Braney, a former leader of the New IRA in Dublin, were not breached when gardaí used a surveillance device to listen in on him conversing with members of a criminal gang at a KFC restaurant. Braney was found guilty of murder in February 2019 by the Special Criminal Court for the killing of dissident republican Peter Butterly in 2013. The court dismissed Braney's appeal, with Ms Justice Isobel Kennedy stating that the grounds raised were not proven. Braney's legal team had argued that gardaí did not obtain proper authorisation before using the listening device and that the recording should not have been admitted as evidence. However, the court upheld the use of the device under the Criminal Law (Surveillance) Act 2009, noting that the superintendent believed an emergency justified the action. The court also rejected arguments that the audio evidence was of insufficient quality and that the testimony of David Cullen, a former accomplice who became a witness, should have been excluded.

Who, what, where, when and why

What: Report matter: Murderer's privacy rights not breached when gardaí listened in on KFC chat, court finds. Charges or matters: Mr Butterly's murder before turning State's witness, should have been excluded by the trial court; a firearms offence and received a sentence of three years and six months; IRA membership by the Special Criminal Court. Procedural stage: appeal. Findings: Found guilty

When:

• February 2019 Hearing Or Sentence
• March 6, 2013 Hearing Or Sentence
• 2026-06-19 Publication

Why: " Ms Justice Kennedy noted that Cullen's evidence contained "many inconsistencies", that he had lied on numerous occasions and that he had accepted that he was "prepared to lie through his teeth in order to avoid being convicted of murder". CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report