Rethink for Hutch team after new evidence is submitted
LAWYERS for Gerard ‘The Monk’ Hutch, who is accused of the murder of Kinahan gang member David Byrne at the Regency Hotel, have been forced to carry out a ‘fundamental reappraisal’ of their trial strategy after being served with significant new evidence, the Special Criminal Court has heard.
The 59-year-old’s trial has now been adjourned at the threejudge court until at least next Monday to allow the defence to consider additional evidence.
Brendan Grehan SC, defence counsel for Mr Hutch – who was present in court for the brief hearing, sporting a full mane of hair and a pair of headphones – told the non-jury court yesterday that his client has been in custody for over a year and that he was anxious to proceed with his trial.
‘He was ready to proceed today but matters developed late last week and we were served with very significant evidence, which has resulted in a fundamental reappraisal of the defence strategy,’ he added.
Seán Gillane SC, on behalf of the Director of Public Prosecutions (DPP), told the threejudge court that there had been ‘some developments’ in the Regency Hotel trial and that the second and fifth accused men on the indictment had taken a ‘certain course’ and their sentencing had been adjourned.
Mr Gillane said a nolle prosequi could be entered against Jonathan Dowdall on count two on the indictment, meaning that the State will not be proceeding with the murder charge against the former Dublin city councillor.
Dowdall, 44, was due to stand trial for Mr Byrne’s murder alongside Mr Hutch but pleaded guilty to a lesser charge of facilitating the shooting at the Special Criminal Court last Wednesday. Dowdall and his father Patrick Dowdall, 65, both of Navan Road, Cabra, Dublin 7, admitted participating in or contributing to activity intending to or being reckless as to whether such participation or contribution could facilitate the commission of a serious offence by a criminal organisation or any of its members, to wit the murder of David Byrne, by making a room available at the Regency Hotel, Drumcondra, Dublin 9, for that criminal organisation or its members on February 4, 2016.
In addition, Mr Gillane told the court yesterday there had been ‘a further development’ in the service of additional evidence to the defence and that it was proper ‘for the case to go back to next Monday’.
Mr Grehan said his legal team wrote to the State last Thursday looking ‘for a number of items’ and that he suspected there would be a substantial amount of further material needed. He asked for the matter to go back one week ‘to see where the parties are at in terms of disclosure’, and said he hoped at that stage to be able to indicate a date for the trial to commence.
Mr Gillane confirmed the additional evidence had been served and what remained outstanding was disclosure.
When Judge Tara Burns, presiding, asked Mr Grehan if he was hopeful that the trial would proceed this term, the barrister said he did not know for certain but they were ‘travelling in hope’ subject to the defence receiving the material they require. Mr Grehan said he was not looking for the trial to be adjourned beyond a week. ‘The ball has been kicked into our court and we have to deal with it as best we can,’ said the lawyer.
Judge Burns said the Special Criminal Court was ‘fairly fully booked’ for court dates and if the trial went back it would be for a fairly significant time.
In reply, Mr Grehan said his team were very much aware of the court’s calendar and that Mr Hutch was also in custody.
Judge Burns, sitting with Judge Sarah Berkeley and Judge Gráinne Malone, granted the request to adjourn the trial for a week but noted that it was unlikely to start next Monday.
Mr Hutch was remanded in custody until next Monday. He has not yet been arraigned.
Mr Hutch, last of The Paddocks, Clontarf, Dublin 3, is charged with the murder of Mr Byrne at the Regency on February 5, 2016. His co-accused – Paul Murphy, 59, of Cherry Avenue, Swords, Co. Dublin, and Jason Bonney, 50, of Drumnigh Wood, Portmarnock, Dublin 13 – are both charged with participating in or contributing to activity intending to or being reckless as to whether such participation or contribution could facilitate the commission of a serious offence by a criminal organisation or any of its members, to wit the murder of Mr Byrne, by providing access to individual motor vehicles to that criminal organisation or its members.
‘Ball kicked into our court’