Peter Butterly murder trial: Protection ‘no sacrifice’ claim denied

An accused who turned State witness in the Peter Butterly murder trial has denied leaving his life here to go into witness protection abroad would not be much of a sacrifice for him as his life "was pretty bad" in Ireland.

David Cullen was being cross-examined at the Special Criminal Court in the trial of three Dublin men charged with murdering the dissident republican last year.

He was also originally accused of the murder, but turned State’s witness earlier this year and has given evidence implicating his three former co-accused in the murder.

He agreed with Giollaíosa Ó Lideadha SC, defending Sharif Kelly, on Thursday that he had an incentive to make allegations about his client because he was avoiding life in prison.

Mr Cullen has applied to go into the witness protection programme.

He agreed a disincentive to someone going into witness protection would be separating himself from his life and lifestyle.

“But you didn’t have much contact with friends and family,” suggested the barrister. “You didn’t have much to lose, and going on the witness protection programme would be a fresh start for you.”

The barrister suggested the programme would actually be attractive to him as his life was pretty bad here. Mr Cullen did not accept this.

Family history

Mr Ó Lideadha mentioned aspects of his family history, including his relationship with his parents and his consumption of alcohol.

“You’re the type of person who doesn’t have close connections with people,” continued the barrister, adding that going away and leaving people would not represent the same sacrifice for him as it would for others.

“I wouldn’t accept that,” Mr Cullen replied.

Mr Ó Lideadha then read Mr Cullen the transcript of a phone conversation he’d had with his father in September while he was in prison.

“You’ll be out of the country and all. You know that?” noted his father.

‘Fresh start’

“Beats doing 20 years in here,” replied Mr Cullen. “It’s a fresh start anyway – get away from all the f***** s**** over here.”

Mr Cullen accepted he’d said this.

“I didn’t mean it like that,” he said, however. “I meant all this IRA b******t.”

Mr Ó Lideadha had already put to him the contents of a series of notes received from Mr Cullen’s solicitor’s file.

They related to how he had gone from a murder accused to a prosecution witness no longer facing a murder charge.

These showed he had also offered the State information on another high-profile murder.

Mr Cullen had agreed to voluntarily disclose documents relating to his communications with his solicitor since June 5th, 2014, when he decided to become a State witness. Defence lawyers had sought the disclosure.

Mr Ó Lideadha read out a note made by Mr Cullen’s solicitor around that time, which said Mr Cullen had told a detective superintendent he had information on another named murder case, as well as on others.

Mr Cullen agreed it seemed the detective superintendent had asked the solicitor to find out what this other information was.

He agreed he knew he was at a very serious risk of being convicted of the Butterly murder and of getting a life sentence.

He also agreed the solicitor’s note that the prosecution case was “in good shape” meant that, in order to get a deal from the State, Mr Cullen would have to offer something in relation to other matters as well.

He agreed he would also have to “fill any gaps in the prosecution case”.

Lesser offences

Mr Cullen, who was a co-accused of the three men on trial for murder, has already been dealt with by the court for lesser offences. He is currently serving a three-and-half-year prison sentence.

He has already given evidence implicating the three Dubliners in the murder of Mr 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.

The trial is continuing before the three-judge, non-jury court, with Ms Justice Deirdre Murphy presiding.