Former murder accused turned prosecution witness describes his role in shooting

A former murder accused-turned State's witness has described to the Special Criminal Court his role in the shooting of dissident republican Peter Butterly.

Former murder accused turned prosecution witness describes his role in shooting

A former murder accused-turned State's witness has described to the Special Criminal Court his role in the shooting of dissident republican Peter Butterly.

Protected witness David Cullen gave evidence today in the trial of Kevin Braney (44), of Glenshane Crescent, Tallaght, Dublin 24 who has pleaded not guilty to murdering Mr Butterly nearly six years ago.

Mr Braney also denies possession of a 9mm Beretta semi-automatic pistol with intent to commit murder and possession of seven rounds of 9mm ammunition on March 5, 2013 at Blackthorn Apartments, Brackenwood Avenue, Balbriggan, Co. Dublin.

Mr Butterly, a father-of-two, was chased and shot dead outside The Huntsman Inn in Gormanston in view of students waiting for their school bus on the afternoon of March 6, 2013.

Cullen was originally charged with Mr Butterly’s murder but he subsequently turned State's witness over a year after the shooting and this murder charge was dropped.

In July 2014, Cullen pleaded guilty to the unlawful possession of a semi-automatic pistol at the Huntsman Inn on the day of the shooting.

His plea was accepted by the DPP and a nolle prosequi – a decision not to proceed - was entered on the count of murder and he turned State's witness.

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

Facing the accused man, who was sitting in the dock, Cullen described the events leading up to the shooting to the three-judge, non-jury court.

The key prosecution witness told prosecuting counsel Paul O'Higgins SC that he received a phone call from either his friend Michael McDermott or Sharif Kelly on March 3, 2013 to see if he would be around three days later “to pick something up”.

Sharif Kelly
Sharif Kelly

Cullen said this would not be a problem but he did not know at this stage what he was meant to be picking up.

Cullen later told the court that he found out before March 6, the day of the shooting, that he was to pick up a gun and bury it.

The witness told the court that he got another phone call on March 5 from either Michael McDermott or Sharif Kelly asking could they come to his home in Balbriggan that evening.

“I thought it was just the two of them who would come up but when I opened the door Edward McGrath and Kevin Braney were there,” he said.

Cullen said he would have met Mr Braney six months prior to this in Frank Murphy’s home in Bettystown.

The men had a black sports bag with them but he does not remember who carried it into his apartment.

They were talking amongst themselves about what was going to happen the next day.

Cullen said he remembered Mr Braney saying: “Make sure this is done right and he doesn’t get away."

He testified that the men were discussing that someone was to be shot.

The witness said a car was suppose to block Peter Butterly’s car but at that stage he did not know that Mr Butterly was the man who was going to be shot.

Mr O'Higgins asked Cullen who was part of this discussion when it took place.

I'm not too sure if Michael McDermott or Sharif Kelly were there that evening but Kevin Braney and Edward McGrath were.

The witness said a silver Toyota Corolla was parked in his car park on March 5, to be used in the shooting the following day.

Edward McGrath put the black bag into this car that evening, he added.

Cullen said he was asked by Michael McDermott could two people put their head down in his apartment before the shooting the next day.

The court heard that Dean Evans and Edward McGrath stayed in his apartment for an hour the following day.

Dean Evans
Dean Evans

Cullen said Sharif Kelly brought him to Gormanstown College on March 6 and left him at the entrance.

Following this, a silver Corolla drove past him, beeped the horn and threw a gun out the window.

“I was arrested twenty seconds after that,” he said.

The witness told Mr O’Higgins that there were seven bullets already in the gun and Dean Evans had wrapped up other bullets in a sock and asked him to hold onto them as well as a mobile phone.

“I put them (the bullets) into the front pocket of a pair of jeans,” he added.

Last Friday, Michael McDermott (59), of Riverdale House, Garrymore, Ballinagh, Co. Cavan admitted to knowingly rendering assistance to an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, directly or indirectly, in the performance or furtherance of an unlawful object, to wit, the murder of Peter Butterly, at diverse locations within the State, between March 3 and March 6, 2013, both dates inclusive.

Frank Murphy (58), of McDonough Caravan Park, Triton Road, Bettystown, Co Meath, pleaded guilty yesterday to committing an act to impede the apprehension or prosecution of David Cullen, knowing or believing him to be guilty of possession of a firearm in suspicious circumstances within the State on March 6, 2013.

Edward McGrath (36), of Land Dale Lawns, Springfield, Tallaght, Sharif Kelly (48), of Pinewood Green Road, Balbriggan and Dean Evans (27), of Grange Park Rise, Raheny, Dublin have all received life sentences at the Special Criminal Court after they were convicted of Mr Butterly's murder.

The trial continues in front of Mr Justice Paul Coffey, presiding, sitting with Judge Martin Nolan and Judge James Faughnan.

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