http://www.sundayworld.com/top-stories/c...on-of-a-handgunMan jailed for possession of handgun is to be state witness in murder trial.
A Dublin man who is to be a State witness against his three co-accused charged with the murder of dissident republican Peter Butterly in an “unprecedented” case has been jailed for three-and-a-half years for the possession of a handgun
Today at the Special Criminal Court David Cullen (30), of Brackenwood Ave, Balbriggan pleaded guilty to the unlawful possession of a 9mm calibre Beretta model 9000s semi-automatic pistol at the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013.
Last year Cullen and his co-accused Edward McGrath (32), of Land Dale Lawns, Springfield, Tallaght, Dean Evans (22), of Grange Park Rise, Raheny, and Sharif Kelly (43) of Pinewood Green Road, Balbriggan were charged with the murder of Peter Butterly.
Butterly, a 35-year-old father of two, was shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013.
Ms Una Ni Raifeartaigh SC, for the State, this morning (Wednesday) said that Cullen’s plea was acceptable to the Director of Public Prosecutions and a nolle prosequi – a decision not to proceed - would be entered on the count of murder.
The court heard yesterday that David Cullen had made contact with gardai through his solicitor and indicated a willingness to give evidence on behalf of the prosecution.
On June 27 Mr Cullen gave a voluntary statement giving details of the offences and the involvement of certain people. The non-jury court heard that the Director wished to call Mr Cullen as a witness in the case against the three other accused.
Detective Inspector Alf Martyn, the officer in charge of the overall investigation, told Ms Ni Raifeartaigh that on the evening of March 5, 2013 a stolen Toyota Corolla car with false number plates and a green Opel Zafira were observed in the car-park of the apartment complex where Cullen lived.
He agreed that the following day at 1:55pm Peter Butterly drove in to the car-park of the Huntsman Inn in his grey Renault Laguna, having made arrangements to meet another man from Dublin there.
Det Insp Martyn agreed that two minutes later a Toyota Corolla was seen approaching the inn, and gardai observed the driver had bushy hair while the rear passenger windows were open.
He agreed that at about 2:05pm shots were discharged at Mr Butterly’s car and the victim himself when he attempted to flee. The Toyota Corolla then left the car-park at speed, turning left on to Flemington Road.
Det Insp Martyn agreed that the first garda on the scene found Mr Butterly lying in a corner of the car-park having being shot a number of times. Mr Butterly died immediately at the scene.
He agreed that a man referred to in court as “Mr A” then arrived at the scene saying he had arranged to meet Mr Butterly there.
Det Insp Martyn said a garda unit saw David Cullen walking from the direction of Gormanston College with a white plastic bag in his hand, and he was observed bending down to put an item from the side of the road in to the bag.
He agreed that Cullen was stopped and told to get on the ground, at which point he threw the plastic bag a short distance. The Toyota Corolla car was stopped a short distance away at a field gateway and the occupants were arrested, while the occupant of an Opel Zafira car was also arrested.
Det Insp Martyn agreed with Ms Ni Raifeartaigh that the firearm recovered was the subject of the charge and Cullen’s fingerprints were subsequently found on the plastic bag. Gardai who searched the Toyota Corolla found a black wig, firelighters, a can of petrol and a pair of black gloves.
Cullen was arrested outside the college and brought to Balbriggan Garda Station where he broke the SIM card from his mobile phone in two pieces. Det Insp Martyn agreed that Cullen was wearing two sets of clothes at the time, while a pair of blue latex gloves were also found in his pocket.
The defendant initially told gardai in interview that he had been walking to Gormanston College from his apartment in Balbriggan to ask about joining a gym in the college.
Cullen said he saw something being thrown from a passing car but did not know what it was and decided to pick it up. He denied knowledge of the Toyota Car parked outside his apartment block.
Det Insp Martyn told the court that there were ongoing discussions about how Cullen’s safety might be protected in the future but these had not come to finality. He said an application would be assessed and after this security would be provided.
He told the court that Cullen has previous convictions for assault causing harm, a road traffic offence and public order issues.
Det Insp Martyn agreed with counsel for the defendant, Mr Conor Devally SC, that Cullen’s situation was “unprecedented” and told the court that in 30 years of service this was his first time encountering something of this nature.
The witness agreed that Cullen has given a full narrative account of the activity of retrieving the weapon and what he initially offered up in interview with gardai was “patently” a “spurious story” about his presence on the road which “never added up”.
He agreed that Cullen became involved a short number of days before the killing, when he was asked to pick something up on a specific date.
Det Insp Martyn said that when he undertook to do this Cullen had no knowledge of the ultimate use of the weapon and only became aware a short time before the murder that the weapon was to be used in the shooting, at which point he believed he was unable to withdraw.
He agreed with Mr Devally that it was fair to say father-of-two Cullen may well have no further ties or access to his children in the future having regard to security arrangements.
Mr Devally submitted that Cullen’s role was something of a “clean-up” or “removal” of evidence. He told the court that Cullen had some difficulties in custody as he was of “independent mind” and these would be enhanced “by a rather marked degree” now.
Counsel said he had been asked to convey Cullen’s genuine remorse for having participated, however after the event, in this “ghastly killing” which had made a widow of somebody.
Mr Devally said it was often the case that Special Criminal Court had considered it worthy if an accused person renounced violence or a certain organisation, and submitted that the step taken by Cullen was “the most vivid renunciation possible”.
Presiding judge Ms Justice Iseult O’Malley, said the court noted that Cullen’s role was to collect the gun after the event, and this meant he would have disposed of an important piece of evidence in a serious offence had he been successful.
In those circumstances she said the court regarded the offence merited a sentence of ten years. However, she said in mitigation Cullen had pleaded guilty, had shown remorse, had a good work record and fully cooperated in respect of his own involvement.
Ms Justice O’Malley said the court had regard to the evidence of Det Insp Martyn that the case was of an “unprecedented nature”, and the mitigating factors meant the appropriate sentence was seven years.
She said where there was disassociation or renunciation of criminal activity it was the practice of the court to suspend a significant portion of a sentence, and it was proposed to suspend the last three-and-half years of Cullen’s seven year sentence, to date from when he was first arrested in March 2013.
