Courts / Dublin / Report

The Monk challenges Special Criminal Court jurisdiction

Summary

Gerry "The Monk" Hutch has been granted permission to file a High Court challenge to the jurisdiction of the Special Criminal Court (SCC) over his murder trial. Hutch, charged with the 2016 Regency Hotel murder of David Byrne, argues that the SCC's use of temporary emergency legislation from 1972 infringes his rights, including a fair trial and the right to a jury. He claims the 1939 Offences Against the State Act does not authorize the SCC and that the State's failure to enact permanent legislation breaches his constitutional and ECHR rights. Hutch seeks an order to halt his SCC trial, declarations that the trial is unlawful, and a stay pending the High Court decision. The judge, Mr Justice Anthony Barr, granted him permission on an ex‑parte basis, with the matter to be mentioned next month. A similar challenge has been filed by former SF councillor Jonathan Dowdall, also charged with Byrne's murder, and is scheduled for early next year.

Who, what, where, when and why

What: Report matter: The Monk challenges Special Criminal Court jurisdiction. Procedural stage: trial

When:

• February 5th, 2016 Incident
• October 2022 Incident
• 2021-11-08 Publication

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report