herald

Sunday 23 September 2018

Jailed murderer's mobile phone was to call his daughter

David Cully murdered his uncle by shooting him in the back
David Cully murdered his uncle by shooting him in the back

A murderer serving life in jail for shooting his uncle dead has been given another sentence after being caught with a mobile phone in his cell.

David Cully (27) had the phone to contact his young daughter when it was found in a search of his prison cell in Mountjoy, a court heard.

Judge Bryan Smyth gave him a three-month sentence.

Cully, of Kippure Road, Finglas, pleaded guilty to unlawful possession of a mobile phone in a prison.

A garda told Dublin District Court that the accused was in a single-occupancy cell on April 20 last year when a planned search was carried out.

A black Samsung smartphone was found.

No release date had been set yet for Cully, his barrister Donal Pattison said.

He was serving a life sentence and had the phone to contact his young daughter, the court was told.

The child's mother had changed the number and he could not contact her on the prison phone, Mr Pattison said.

Cully had since been sanctioned within the prison and lost privileges for 40 days.

Straightener

Judge Smyth sentenced Cully to three months.

Cully, wearing a white T-shirt, spoke only during the brief hearing to say "thank you" to the judge.

He was jailed in 2015 for shooting and killing his uncle.

Cully had pleaded not guilty to murdering Edward O'Connor (41), but guilty to his manslaughter at Ballycoolin Road, Finglas West, on December 15, 2013.

Cully claimed he shot Mr O'Connor "in the heat of the moment" after a comment made by the deceased caused him to "lose control".

The trial heard both men had attended an organised "straightener" between two other men and Cully brought a gun and shot his uncle in the back after the fight.

Cully said his uncle had riled him by making a comment about someone who had made a complaint of sexual abuse against Mr O'Connor.

That allegation was investigated, but the Director of Public Prosecutions decided not to prosecute.

Mr O'Connor, a father-of-three, died from two gunshot wounds to the back.

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