Public excluded during surveillance gardaí’s evidence in murder trial

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

The Special Criminal Court ruled on 16 October 2014 that the public must be excluded during National Surveillance Unit gardaí’s testimony in the Peter Butterly murder trial. The officers’ names and addresses must be given to the defence but withheld from publication. Ms Justice Deirdre Murphy presided alongside judges Cormac Dunne and Margaret Heneghan. The proceedings were reported on 16 October 2014.

Edward McGrath, Dean Evans and Sharif Kelly have pleaded not guilty to murdering Peter Butterly. Dean Evans and Edward McGrath also pleaded not guilty to firearm offences. The charges concern the Huntsman Inn at Gormanston, Co Meath, on 6 March 2013, when Peter Butterly was shot dead in its car park.

Lawyers for each accused sought information concerning prosecution witness David Cullen’s reliability and credibility. The court was not minded to disclose his psychiatric records, but directed that a professional expert chosen by the defence receive access to a seized laptop and hard drive for analysis. Disclosure of professional notes between David Cullen and his legal advisers was deemed premature.

Any undisclosed garda information about interactions with David Cullen and his solicitor concerning his decision to become a prosecution witness had to be supplied, if it existed. Confirmation of whether he had ever been a garda informant was also ordered. Garda PULSE records concerning David Cullen and Sharif Kelly were to be disclosed, excluding details of ongoing garda operations.

Det Chief Supt John Gilligan was entitled to claim privilege over a Garda Headquarters directive concerning witness protection. Matters concerning David Cullen’s forthcoming application to the programme would remain under review. His social welfare, motor tax, passport and insurance claim records were not to be disclosed.

The report said David Cullen was jailed for three-and-a-half years in July. He had pleaded guilty to unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol. That offence occurred at the Huntsman Inn on 6 March 2013. The DPP accepted his plea, and a nolle prosequi — a decision not to proceed — was entered on his murder charge. Reasons for the court’s decisions were due the following day.