Courts / Dublin / Report
Former SF Councillor accused of Regency Hotel murder challenges jurisdiction of Special Criminal Court
Summary
Jonathan Dowdall, a former Sinn Fein councillor aged 43, has filed a High Court challenge against the jurisdiction of the Special Criminal Court (SCC) over his murder trial. He is charged with the killing of David Byrne at the Regency Hotel on 5 February 2016. The Director of Public Prosecutions, citing the 1939 Offences Against the State Act, has directed that Dowdall be tried before the non‑jury SCC. Dowdall argues that the SCC's existence is based on temporary emergency legislation from 1972 and that the Oireachtas has not enacted permanent law to justify it. He claims this breaches his constitutional rights and the European Convention on Human Rights, including the presumption of innocence. His lawyers seek an order to prohibit the SCC trial, declare it unlawful, and highlight the State's failure to secure permanent legislation. Judge Anthony Barr granted Dowdall permission to proceed, made the case returnable for November, and stayed the trial pending the High Court's decision.
Who, what, where, when and why
What: Report matter: Former SF Councillor accused of Regency Hotel murder challenges jurisdiction of Special Criminal Court. Charges or matters: the murder of David Byrne at the Regency Hotel on the Swords Road, Whitehall, Dublin 9, on February 5, 2016. Procedural stage: trial
When:
- February 5, 2016 Hearing Or Sentence
- 2021-07-19 Publication
Case subjects
Applicant
Charges: the murder of David Byrne at the Regency Hotel on the Swords Road, Whitehall, Dublin 9, on February 5, 2016 (Alleged Or Contested)
Applicant
Charges: the murder of David Byrne at the Regency Hotel on the Swords Road, Whitehall, Dublin 9, on February 5, 2016 (Alleged Or Contested)
Places mentioned
- High Court
- Special Criminal Court
- Swords Road
- The Navan Road
Topics
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