Trial of three men charged with murder hears how dad-of-two was shot outside Meath pub

Peter Butterly, 35, was shot dead outside The Huntsman Inn in Gormanston in view of students waiting for their school bus.

Three men were arraigned before the three judges of the non-jury court today.

Michael McDermott (58), of Riverdale House, Garrymore, Ballinagh, Co. Cavan; Kevin Braney (43) with a last address at Glenshane Crescent, Tallaght in Dublin; and Frank Murphy (58), of McDonough Caravan Park, Triton Road, Bettystown, Co. Meath have all pleaded not guilty to murdering Mr Butterly.

Mr McDermott and Mr Braney also deny 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.

Frank Murphy has pleaded not guilty to possession of a 9mm Beretta semi-automatic pistol with the intent to commit murder and possession of seven rounds of 9mm ammunition on the day of the killing itself.

Paul O’Higgins SC, prosecuting, opened the trial, telling the judges that it was an unusual case because gardai were already keeping an eye on movements in the area that day as a result of certain suspicions.

He said that Mr Butterly had driven into the carpark of the Huntsman Inn around 1.55pm. He had parked and remained in his car.

He said that a black Peugeot 206 then drove into the carpark and parked for a few minutes. It’s the State’s case that this car was being driven by Frank Murphy. It left shortly after 2pm and was followed by an unmarked garda car.

It was around this time that a stolen Toyota Corolla was driven into the car park, he said.

“The car (Toyota) then stops in front of Mr Butterly’s car and two shots are fired, one through the windscreen and one through the bonnet,” said Mr O’Higgins. “Mr Butterly, who's on his own in the car, runs..., but he doesn’t get very far.”

Mr O’Higgins explained that two witnesses, who were waiting for their school buses, would give evidence that he was chased across the carpark and shot three times as he ran. The court heard that he fell and died almost immediately.

The Toyota was pursued and eventually caught by another unmarked garda car. The gunman emerged from the back. He has already been dealt with by the courts.

A third unmarked garda car had stopped further back the road at the entrance to Gormanston College, where a man was seen picking up an item.

Mr O’Higgins explained that this man was David Cullen and that the item he’d picked up was the gun. He was originally charged with murder, but his plea to a lesser charge was accepted in 2014 and he was jailed for that offence.

Mr O’Higgins said that Cullen will give evidence about the planning of Mr Butterly’s murder.

“Of course, Mr Cullen is an accomplice. He’s also a protected witness,” he acknowledged.

But there’s other evidence that substantiates in various ways what he says.

Mr O’Higgins said that Mr Braney ‘is said in effect to have been the man who gave the orders so to speak, and is shown to have had an extensive involvement’.

“Mr Murphy is present at the scene just before the killing and, according to Mr Cullen, was part of the plan of operation,” he said. “It will be the prosecution’s suggestion that Mr Murphy was there to assist, probably as a spotter.”

He continued that Mr Murphy was probably there to make sure that Mr Butterly was there and alone. He was also tasked with getting Cullen away from the murder scene afterwards, he added.

“He was an integral part of the works of the killing, a getaway man,” he suggested. “He assisted immediately before and was to assist immediately after the crime.”

He described Mr McDermott as a recruiter, who was intimately involved.

“Mr McDermott recruited Mr Cullen into the operation and gave him his instructions in relation to the gun,” he said.

The trial continues tomorrow morning. It’s expected to last up to 10 weeks.