Defence challenges evidence of accused who turned prosecution witness in murder trial

Edward McGrath (aged 35), of Land Dale Lawns, Springfield, Tallaght and Sharif Kelly (46), of Pinewood Green Road, Balbriggan have pleaded not guilty to the alleged murder.

Mr McGrath has also pleaded not guilty to firearms offences on the same occasion.

A third accused, Dean Evans (aged 24), of Grange Park Rise, Raheny, Dublin, failed to turn up for the trial, and has not been located by the gardaí. The non-jury court decided to proceed with his two co-accused in Mr Evans’s absence.

The court heard today that the men's barristers will challenge the admissibility of the evidence of state witness David Cullen, who was also originally accused of the murder.

Giollaíosa Ó Lideadha SC, defending Mr Kelly, said that the "only way to ensure a fair trial" was to exclude Mr Cullen's evidence.

Detective Superintendent Alf Martin, senior officer in the murder investigation, told Paul O'Higgins SC, prosecuting, that the trial was originally to include four accused men: Mr Kelly, Mr McGrath, Mr Evans and another man, David Cullen.

But the circumstances changed, the detective said.

On June 9, 2014, before the original trial to take place, he received a phonecall from Detective Superintendent Tom Maguire, the court heard.

Det Supt Maguire told his colleague that Mr Cullen had instructed his solicitor that he wanted to make a statement and give evidence on behalf of the prosecution. In return, the court heard, Mr Cullen would require immunity from the murder charge and to instead be charged with a lesser offence.

On June 12, the court heard, the detective met Mr Cullen's solicitor, who went through the details of what was on offer.

The detective said that he met with the solicitor again on June 24 to confirm the offer was still on the table.

The court heard that Mr Cullen was prepared to offer information on the car and the gun used in the shooting, as well as on the planning and preparation of the offence.

He said that he was also able to offer information on another high-profile murder, Det Supt Martin said.

At that time, the court heard, Mr Cullen was in Portlaoise Prison and had recently been relocated from one landing to another after an altercation with another inmate.

Det Supt Martin said that later that day an officer at the DPP told him to take the statement that was on offer.

He said that the next day, he discussed the matter with officers at the Witness Protection Program.

He said that he told Mr Cullen's solicitor he had spoken with the DPP and that they were going to take the statement.

The court heard that Mr Cullen was relocated from Portlaoise Prison to Midlands Prison and on June 27 he gave a statement.

On July 2, 2014, Mr Cullen was sentenced to seven years in prison, with three and a half years suspended, for possession of a firearm.

In cross-examination, Mr Ó'Lideadha suggested to Det Supt Martin that he had not provided some important information relating to how Mr Cullen had turned from one of the accused in the trial to a prosecution witness.

He also suggested that the detective had failed to take proper notes in relation to these matters.

Mr Ó'Lideadha said that as a result of these "various failures" it was not possible to assess what happened and therefore not possible to assess the reliability of the process or the reliability of the witness.

Regarding Mr Cullen's motivation for making the statement, the barrister suggested that what happened on the landing could have been a reason why Mr Cullen came forward.

"It's possible," Det Supt Martin said, "it could have been lots of things."

The detective disagreed with the barrister that a deal had been done with the DPP before Mr Cullen made a statement.

The evidence was heard as part of a voir dire or ‘trial within a trial’, and will help the court's three judges to decide on the admissibility of the evidence.

The trial continues, with Mr Justice Tony Hunt presiding.