Courts / Dublin / Report
The Monk & ex Sinn Fein councillor fail in bid to halt Special Criminal Court trial
Summary
Gerry "The Monk" Hutch (58) and former Sinn Fein councillor Jonathan Dowdall (44) lost their High Court actions that sought to stop them from being tried before the Special Criminal Court (SCC) on murder charges linked to the 2016 Regency Hotel attack. Mr Justice Anthony Barr dismissed the men's requests for declarations that an SCC trial would be unlawful, unconstitutional, or outside the powers of the 1939 Offences Against the State Act. The judge held that the SCC's existence is not limited by a sunset clause and that the Director of Public Prosecutions may certify that offences can be tried before the SCC when ordinary courts are deemed inadequate. He rejected the claim that the SCC's temporary legislation had become permanent and that the court's jurisdiction should be limited to subversive offences. The court found no legal basis to refuse the trials or to declare the SCC unlawful.
Who, what, where, when and why
What: Report matter: The Monk & ex Sinn Fein councillor fail in bid to halt Special Criminal Court trial. Charges or matters: murder. Procedural stage: trial
When:
- February 5, 2016 Hearing Or Sentence
- 2022-02-11 Publication
Why: In their judicial review proceedings, they both sought declarations from the High Court that their trials before the SCC would be unlawful and in breach of their fundamental rights because, they submitted, the court is operating as a permanent court when it was only set up on a temporary basis nearly 50 years ago. CNI source report
Case subjects
Applicant
Charges: murder (Alleged Or Contested)
Outcome: dismissed
Applicant
Charges: murder (Alleged Or Contested)
Outcome: dismissed
Accused
Places mentioned
- High Court
- Special Criminal Court
Topics
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