Kevin Braney's murder appeal: Court of Appeal hears KFC surveillance breached privacy rights
Peter Butterly, a 35-year-old dissident republican and father of three, was shot dead in the car park of the Huntsman Inn pub in Gormanston, Co Meath, on 6 March 2013, after being lured to a meeting where gunmen Dean Evans and Edward McGrath ambushed him. Kevin Braney, 49, was found guilty of the murder by the three-judge, non-jury Special Criminal Court in February 2019, after having been sentenced in 2018 to four years and six months for IRA membership, while co-accused David Cullen pleaded guilty to a firearms offence and received three years and six months. On 21 March 2025, the Court of Appeal heard that gardaí breached Braney's privacy rights by using a surveillance device at a KFC restaurant in Finglas the day after the shooting, authorised under the Criminal Law (Surveillance) Act 2009 without a District Court application. The court also addressed the admissibility of Cullen's evidence, and judgment was reserved by Ms Justice Kennedy, Mr Justice MacGrath and Mr Justice O'Moore.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court21 Mar
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Peter Butterly, a 35-year-old dissident republican and father of three, was shot dead in the car park of the Huntsman Inn pub in Gormanston, Co Meath, on 6 March 2013.
- Dean Evans and Edward McGrath were the gunmen who ambushed Butterly, with Evans firing the three fatal shots, while Sharif Kelly was to drive the getaway car but was caught by gardaí at the meet-up point.
- Kevin Braney met five others at a KFC restaurant in Charlestown Shopping Centre, Finglas, the day after the shooting, and gardaí recorded the conversation with a surveillance device.
- Gardaí authorised the listening device under the Criminal Law (Surveillance) Act 2009 without a District Court application.
- Cause
- Butterly died from gunshot wounds to his neck and upper back.
- In court
- Braney was found guilty of murder by the three-judge, non-jury Special Criminal Court in February 2019.
- On 21 March 2025, the Court of Appeal heard that Braney's privacy rights were breached by the KFC surveillance and addressed the admissibility of Cullen's evidence, with judgment reserved.
- Sentence
- Before the murder conviction, Braney was sentenced in 2018 to four years and six months for IRA membership, and co-accused David Cullen pleaded guilty to a firearms offence and received three years and six months.
- Other details
- Cullen was admitted into the witness security programme.
18 statements extracted from the articles
- whatKevin Braney is described as a murderer and leader of the New IRA in Dublin. (irishtimes.com)
- whatBraney met five others at a KFC restaurant in Charlestown Shopping Centre, Finglas, the day after the fatal shooting. (irishtimes.com)
- whatGardaí used legislation under the Criminal Law (Surveillance) Act 2009 to authorise the listening device without a District Court application. (irishtimes.com)
- whatButterly was lured to a meeting at the Huntsman Inn where he was chased and shot dead in the car park in view of students waiting for their school bus. (irishtimes.com)
- whatEvans and McGrath were the gunmen who ambushed Butterly, and Evans fired the three fatal shots. (irishtimes.com)
- whatKelly was to be the driver of the getaway car but was caught by gardaí when he arrived at the meet-up point. (irishtimes.com)
- wherePeter Butterly was shot dead in the car park of the Huntsman Inn pub in Gormanston, Co Meath. (irishtimes.com)
- whereThe superintendent who authorised the surveillance was in Laytown, Co Meath, when he became aware of the meeting in Charlestown. (irishtimes.com)
- whereBraney is of Glenshane Crescent, Tallaght, Dublin 24. (irishtimes.com)
- whenThe murder occurred on 6 March 2013. (irishtimes.com)
- whenThe superintendent became aware of the opportunity to record at 11.50 in the morning. (irishtimes.com)
- causeButterly, the father of three, died from gunshot wounds to his neck and upper back. (irishtimes.com)
- courtBraney was tried at the Special Criminal Court in 2019 for the murder of Peter Butterly. (irishtimes.com)
- courtBalbriggan District Court was sitting at the time the superintendent authorised the surveillance. (irishtimes.com)
- courtBraney was found guilty of murder by the three-judge, non-jury Special Criminal Court in February 2019. (irishtimes.com)
- sentenceCullen pleaded guilty to a firearms offence and received a sentence of three years and six months. (irishtimes.com)
- sentenceBefore the murder conviction, Braney was sentenced in 2018 to four years and six months after being found guilty of IRA membership by the Special Criminal Court. (irishtimes.com)
- otherCullen was admitted into the witness security programme. (irishtimes.com)
The reporting
newest first- 21 Mar2025Privacy rights of murderer ‘breached when gardaí used surveillance to listen to him at KFC’, Court of Appeal hears
Second day of Braney's Court of Appeal hearing; argument focused on lawfulness of surveillance device authorisation under the Criminal Law (Surveillance) Act 2009; also addressed admissibility of State's witness David Cullen's evidence; judgment reserved by Ms Justice Kennedy, Mr Justice MacGrath and Mr Justice O'Moore.
victim, Peter Butterly, 35, male, irish (judged from name)Peter Butterlyconvicted, Kevin Braney, 49, male, named, irish (judged from name)Kevin Braneyconvicted, Edward McGrath, 42, male, named, irish (judged from name)Edward McGrathconvicted, Sharif Kelly, 54, male, named, irish (judged from name)Sharif Kellyconvicted, Dean Evans, 32, male, named, irish (judged from name)Dean Evansaccused, David Cullen, male, named, irish (judged from name)David Cullen