‘Unprecedented situation’ as two counsel to advise witness in Peter Butterly case

The Special Criminal Court has in "an unprecedented situation" ordered that two counsel be assigned to the chief prosecution witness during his cross examination in the trial of three men accused of the murder of dissident republican Peter Butterly last year.

The court ordered the counsel be assigned to advise David Cullen on the issue of legal professional privilege and that excerpts from the transcript of the evidence Mr Cullen has already given during the trial be made available to his lawyers. Last week the court allowed Mr Cullen, who was in the middle of cross examination after giving his evidence in chief, to consult with a solicitor.

His solicitor Mr Peter Connolly applied to the court following the consultation for a senior and junior counsel to be assigned to Mr Cullen.

Ms Justice Deirdre Murphy, presiding at the three judge non jury court, said the court was dealing with “an unprecedented situation”.

“The court has no guidance from the superior courts in relation to this issue,” she added.

The judge said in a situation where the issue of legal professional privilege had now been raised the court would order that a senior and junior counsel should be assigned to Cullen and that extracts from the transcript relating to Cullen’s alleged waiver of privilege during his evidence should be made available to his legal team.

Lawyers for the three accused objected to the transcript being provided to Cullen’s legal team. David Cullen (30) told the court last week he wanted to speak to his solicitor before answering any more questions from the defence lawyers.

The court at first refused, but then acceded to his request. It was the 32nd day of the trial of three Dublin men for the murder of Mr Peter Butterly, who was shot dead in the car park of the Huntsman Inn, Gormanston, Co Meath, on March 6th, 2013.

Dean Evans (24), of Grange Park Rise, Raheny, Edward McGrath (33) of Land Dale Lawns, Springfield Tallaght and Sharif Kelly (44), of Pinewood Green Road, Balbriggan have pleaded not guilty to murdering the 35-year-old father of two.

Mr Evans and Mr McGrath have also pleaded not guilty to firearm offences on the same occasion. Mr Cullen, with a last address in Balbriggan, was allegedly “part of the murder plan himself” but turned State’s witness earlier this year.

The trial is continuing before Ms Justice Deirdre Murphy, Ms Justice Margaret Heneghan and Judge Cormac Dunne.