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
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.