Court permits anonymous Garda evidence in Edward McGrath and Sharif Kelly retrial

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Special Criminal Court ruled that 11 Garda National Surveillance Unit members should give evidence anonymously, with the public excluded during their testimony. The proceedings were reported on 17 January 2017.

Edward McGrath, 35, and Sharif Kelly, 46, had pleaded not guilty to murdering Peter Butterly.

Peter Butterly, a 35-year-old father of three, was shot dead in the Huntsman Inn car park in Gormanston, County Meath, around 2pm on 6 March 2013. Edward McGrath also denied unlawful possession of a Beretta pistol and seven rounds of ammunition, and having the gun and ammunition with intent to endanger life, on 6 March 2013.

The court was told that third accused Dean Evans, 24, had failed to attend the trial and had not been located by gardaí. It decided to proceed against Edward McGrath and Sharif Kelly in his absence. Their original trial collapsed in January 2015 and a retrial was ordered.

The court had been told that the gunman’s car was being watched by National Surveillance Unit members. Prosecuting counsel Mr Alex Owens SC said protected witness David Cullen would testify that Sharif Kelly told him to collect the gun at Gormanston College and hide it. Counsel said David Cullen would describe Sharif Kelly’s role as picking up Edward McGrath and Dean Evans “after the deed had been done”.

Mr Alex Owens SC said David Cullen had been sentenced to seven years’ imprisonment, with three and a half years suspended, following a guilty plea to firearms charges. Counsel said David Cullen pleaded guilty in July 2014.

Mr Justice Tony Hunt said the court accepted evidence from Detective Superintendent William Johnson, who headed the unit. The judge described surveillance of alleged paramilitaries as potentially dangerous. The witnesses’ identities would be furnished to the court and defence, but they would testify under initials.

The retrial continued before Mr Justice Tony Hunt, Judge John O’ Hagan and Judge Anne Ryan. The court was hearing submissions on a prosecution claim of privilege concerning David Cullen’s circumstances.