Gard aí d eny giving ‘false evidence’ over man in wig at Regency attack
TWO gardaí have denied giving “false evidence” in their accounts of how they identified Regency Hotel gun murder accused Patrick Hutch from a photograph taken at the scene.
The detectives were being cross-examined in Mr Hutch’s trial on what the defence said were contradictions between their initial statements and their evidence to the Special Criminal Court.
The two gardaí said they “immediately” recognised Mr Hutch as a man in a woman’s wig, having questioned him two years earlier when he was the victim of a shooting.
Mr Hutch’s lawyer maintained the detectives who made the identification were not separated as a “safeguard” against influencing each other when they viewed the picture, and their evidence that one left the room “never happened”.
The gardaí insisted they did not name Mr Hutch in each other’s presence.
Mr Hutch (25), from Champion’s Avenue, in north inner city Dublin, is pleading not guilty to murdering David Byrne and possession of three assault rifles. Mr Byrne (33), from Crumlin, was shot dead by gunmen dressed as gardaí who stormed the hotel along with a man wearing a blonde woman’s wig and another man in a cap.
Prosecutors claim Mr Hutch was identified as the man dressed as a woman. They do not allege the accused shot Mr Byrne but that he participated in the February 5, 2016, raid and shared intent to commit the crimes.
Defence barrister Michael O’Higgins SC said he was objecting to the admissibility of the identification evidence.
Detective Sergeant Patrick O’Toole said Detective Gardaí Fergal O’Flaherty and Jonathan Brady came to Ballymun Station on February 7, 2016.
Det Sgt O’Toole asked Det Gda O’Flaherty to come around a desk where Garda Michael Ryan sat and to view an image on the screen
Detective Garda O’Flaherty stated that he recognised the person on the left. Det Sgt O’Toole said he gestured to Det Gda O’Flaherty and the two walked toward the door. Det Sgt O’Toole said he asked Det Sgt Brady to go behind the desk to view the same image while he stepped out into the corridor with Det Gda O’Flaherty.
Det Gda O’Flaherty indicated to him that he recognised the person in the “female clothing” as Patrick Hutch.
In 2014, Det Gda O’Flaherty had said, Mr Hutch had been the victim of a shooting and he had dealt with him on numerous occasions in relation to that, as well as community policing. Det Sgt O’Toole went back into the room.
“As I was doing so, Det Gda Brady was coming out and he informed me that he had also identified the person on the left in the photograph,” he said. “He informed me that he recognised that person as Patrick Hutch.”
On May 4, PSNI Detective Inspector John Caldwell viewed the image and recognised the person on the right as Kevin Murray, then later identified Kevin Murray on CCTV as being in the Regency Hotel the evening before the attack.
Det Gda Fergal O’Flaherty said he viewed the image and “immediately recognised the person to the left with their hand up to their head”.
“I let it be known that I knew who that person was,” he told the court.
Prosecutor Sean Gillane SC asked him who that was. “The man before the court, Patrick Hutch,” he replied.
“I let them know I knew who it was, I made my way around from where I was. I left the room and spoke to Detective Sergeant O’Toole outside the office. I told him that was Patrick Hutch.”
Det Gda Jonathan Brady then told the court Det Gda O’Flaherty looked at the image and said “I know that person,” and “I’m saying nothing.”
At that stage, he said, Det Gda O’Flaherty came out from behind the desk and left the room.
Det Gda Brady went in beside Gda Ryan and looked at the image that was put up on the screen.
“I immediately recognised the person on the left as Patrick Hutch,” he said. “He is the accused before the court. I told him I was 100pc certain of it, I had absolutely no doubt about it.” The trial continues.