Daily Mirror (Northern Ireland)

TOP GARDA ‘DIDN’T THINK TRACKING HE DELETED WOULD BE NEEDED FOR COURT’

» Hutch’s lawyer hits out at » Regency murder trial told decision to destroy records device placed on Dowdall car

- BY ALISON O’RIORDAN newsni@mirror.co.uk

THE former National Surveillan­ce Unit head did not consult the senior investigat­ing officer on the Regency Hotel probe or the DPP when he destroyed records from a tracker device, the Special Criminal Court has heard.

Former Garda Detective Inspector Ciaran Hoey said he did not believe the records would be used in the prosecutio­n when he ordered their destructio­n. It happened months before the Regency Hotel murder trial began last month.

The tracking had been deployed on ex-sinn Fein councillor Jonathan Dowdall’s jeep.

Mr Hoey also said tracker evidence had never been previously used in the history of the Surveillan­ce Act.

Hutch’s defence lawyer Brendan Grehan SC said he could not understand how Mr Hoey could “in good faith” have made a decision to have potentiall­y relevant evidence to a criminal trial destroyed.

Mr Grehan told the court yesterday that gardai destroyed records from the tracking device that had been placed on Dowdall’s Toyota Land Cruiser jeep when he is alleged to have driven murder accused Gerard Hutch north for a meeting with republican­s in the aftermath of the shooting.

Counsel said “disturbing­ly”, the notes were destroyed by gardai after his client was arrested and charged with the murder of David Byrne.

The destructio­n of the tracker records was authorised on February 7 this year.

Mr Grehan said the destructio­n of these records was a “real problem” and he did not accept the State’s assertion it was done in accordance with the Criminal Justice Surveillan­ce Act 2009.

Gerard “The Monk” Hutch, 59, last of The Paddocks, Clontarf, North Dublin, denies the murder of Kinahan Cartel member Byrne, 33, during a boxing weigh-in at the Regency Hotel on February 5, 2016.

Retired Detective Superinten­dent William Johnston, the former head of the Garda’s National Surveillan­ce Unit gave evidence on Tuesday of how authorisat­ion was given to deploy a tracker and logging device on Dowdall’s Toyota Land Cruiser before he allegedly drove Mr Hutch north on February 20, 2016.

Mr Johnson said he received an applicatio­n for approval to deploy a tracking and logging device on the jeep from Detective Superinten­dent Ciaran Hoey on February 16, 2016, for a two-month period until April 19, 2016, which he then approved.

Detective Superinten­dent Eugene Lynch, the current head of the Garda NSU, has given evidence that a tracking device was on Dowdall’s jeep when it travelled on February 20.

He said that PSNI were conducting surveillan­ce on the vehicle in the north and that gardai were doing the same south of the border.

Under cross-examinatio­n yesterday, Mr Hoey, who was a Detective Inspector with the NSU in 2016 but subsequent­ly succeeded Det Supt Johnston as head, agreed with defence

We had evidence from NSU to prove movements EX-DET SUPT CIARAN HOEY IN COURT

counsel Mr Grehan that a tracking and logging device provides informatio­n as to where a certain vehicle is at a particular time.

Asked by counsel if he was the person who decided to destroy the records of the tracking and logging devices, Mr Hoey said he was the person who signed the authorisat­ion for the destructio­n of the documents.

Under the policy, he said, if one believes the documents are no longer required then it has to be authorised and “signed off ” by the Assistant Commission­er of Crime and Security. Mr

Hoey said he did not have access to any of these documents any more. When Mr Grehan asked the witness how it came about that the records were destroyed, Mr Hoey said he had taken over as head of the NSU in November 2019 and the following year there was a High Court review which he sat in on.

This resulted in a full review of all data held by the NSU under the Surveillan­ce Act with a view to improving storage and security.

Data older than three years that was not required for prosecutio­n or appeal was destroyed. Mr Grehan said: “So who am I going to get who takes responsibi­lity for the destructio­n of the records in this case?”

Mr Hoey replied: “Me.”

Asked who he had consulted before ordering the destructio­n of the records, Mr Hoey said the admin staff who were under him in the NSU.

Mr Grehan said: “How about a senior investigat­ing officer, did you consult him?” Mr Hoey said he had not. Mr Grehan said: “Did you consult anyone in the DPP’S office?” Again the witness said he had not.

Mr Grehan said he was at a “total loss” and couldn’t understand this.

Mr Hoey said: “I had the firm belief that they [the records] couldn’t be used in the prosecutio­n and we had evidence from NSU witnesses to prove the movements of the vehicle, under surveillan­ce on the dates in question when Mr Hutch was on board and they were in a position to give that evidence.”

Mr Hutch’s two co-accused – Paul Murphy, 59, of Cherry Avenue, Swords, and Jason Bonney, 50, of Drumnigh Wood, Portmarnoc­k, both North Dublin – have pleaded not guilty to participat­ing in or contributi­ng to the murder of David Byrne by providing access to motor vehicles on February 5, 2016.

The trial continues before Ms Justice Tara Burns, sitting with Judge Sarah Berkeley and Judge Grainne Malone.

 ?? ?? SHOT
David Byrne killed
ACCUSED
Gerard Hutch
COURT SECURE Gardai Arrmed Support unit outside court yesterday
SHOT David Byrne killed ACCUSED Gerard Hutch COURT SECURE Gardai Arrmed Support unit outside court yesterday
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 ?? ?? ESCORT Prison van leaves court
ESCORT Prison van leaves court
 ?? ?? JEEP
Jonathan Dowdall
JEEP Jonathan Dowdall
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