Courts / Dublin / Report

Supreme Court agrees to hear challenges by the Monk and ex-SF councillor to non-jury trial

Date
2022-05-12
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

The Supreme Court has agreed to hear appeals by Gerry "The Monk" Hutch and former Sinn Féin councillor Jonathan Dowdall, who seek to stop their murder trials for the 2016 Regency Hotel attack from proceeding before the Special Criminal Court (SCC). Earlier this year, High Court Judge Anthony Barr refused their requests, ruling that the Director of Public Prosecutions may certify that the SCC can try them under the 1939 Offences Against the State Act. The appeals raise questions about the SCC's legal authority, its status as a permanent court, and the interpretation of emergency powers. A three‑judge panel, including Justices Peter Charleton, Seamus Woulfe and Gerard Hogan, found the appeals to involve matters of public importance and granted a "leap‑frog" appeal to the Supreme Court. No hearing date has yet been set. The men, aged 58 and 44, are charged with the murder of David Byne, 33, at the Whitehall hotel on 5 February 2016.

Who, what, where, when and why

What: Report matter: Supreme Court agrees to hear challenges by the Monk and ex-SF councillor to non-jury trial. Procedural stage: appeal

When:

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 the SCC 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

Unnamed accused

Appellant

Places mentioned

Court Venue
  • The Supreme Court
  • Special Criminal Court
  • High Court
  • Supreme Court
  • Court of Appeal
Secondary Mention
Residence

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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