Murderer claims surveillance violated his privacy rights

A man convicted of murder is appealing his conviction, claiming that his rights to privacy were violated by police surveillance. Kevin Braney, a leader of the New IRA in Dublin, argues that gardai used a listening device without proper authorization while he was speaking with gang members at a KFC restaurant. During the appeal, Braney's lawyer, Tony McGillicuddy, stated that the police did not follow the correct legal procedures when using the device. He said the evidence obtained from the recording should not have been allowed in the original trial. Braney, aged 49, was found guilty of murdering Peter Butterly in 2013. The evidence against Braney included a conversation he had with five others at the KFC restaurant. They expressed concern about the police presence following the murder. The police had used a law that permits them to use surveillance without a judge's permission if necessary. McGillicuddy claimed there was no urgency that justified bypassing the court process for authorization. He stated that people have a right to expect their private conversations will not be recorded without valid reasons, even in public spaces. However, Anne-Marie Lawlor, representing the prosecution, argued that the superintendent who authorized the surveillance acted quickly after learning about the meeting. She defended the legality of the police action and questioned the expectation of privacy in a public fast-food restaurant. The appeal also discussed the reliability of David Cullen, a witness who testified against Braney. Cullen had previous charges linked to the murder and was labeled by Braney's counsel as a liar. The judges in the appeal, including Ms. Justice Isobel Kennedy, reserved their decision on the matter for later.