Court reviews gardaí's unauthorized surveillance of murderer

The privacy rights of Kevin Braney, a convicted murderer and leader of the New IRA, were allegedly violated when police used a surveillance device to listen to him at a KFC restaurant. This claim was made during Braney's appeal in the Court of Appeal. Braney's lawyer argued that the police did not obtain proper authorization for the surveillance. He contended that the trial court wrongly accepted the recording as evidence. The recording included conversations among Braney and others discussing police presence after a murder. The murder victim, Peter Butterly, was shot dead in 2013 at the Huntsman Inn pub. The recording from KFC showed the group’s concerns about being followed by police. The police had the authority to use surveillance under a specific law, but the defense argued that the superintendent should have sought court approval first. The lawyer for the Director of Public Prosecutions defended the actions of the police, suggesting that urgency justified their decision not to seek court approval. They also questioned the extent of privacy rights in a public restaurant like KFC. Another point of contention was the testimony of David Cullen, an accomplice turned state witness. Braney's legal team argued his credibility was questionable due to past lies. The appeal judges have reserved their judgment on the case. Braney was previously convicted of murder and IRA membership, and several others involved in Butterly's murder are serving life sentences.