Privacy rights of 'New IRA' leader breached during surveillance, murder appeal told

Kevin Braney, aged 49, is appealing his conviction for the murder of Peter Butterly at the Special Criminal Court. The appeal, heard before a three-judge panel, centres on two main issues: the lawfulness of surveillance authorisation and the admissibility of evidence from an accomplice-turned-State's witness. Braney's counsel argues that gardai breached his privacy rights by deploying a listening device at a KFC restaurant in Charlestown Shopping Centre, Finglas without proper district court authorisation. The defence contends a superintendent in County Meath could have sought judicial approval at nearby Balbriggan District Court rather than relying on emergency powers under the Criminal Law (Surveillance) Act 2009. The Director of Public Prosecutions argues the superintendent acted appropriately given time constraints when the criminal meeting emerged. The prosecution also disputes whether private conversation expectations apply in a public restaurant setting. Additionally, Braney's legal team challenges the trial court's reliance on evidence from David Cullen, who pleaded guilty to firearms offences and entered witness protection. The defence characterises Cullen as unreliable and willing to lie in his interests.