Courts / Dublin / Report
Former SF councillor's bid to halt non-jury trial struck out ahead of Supreme Court hearing
Summary
An appeal by former Sinn Fein councillor Jonathan Dowdall, aged 44, against the High Court's refusal to overturn the Director of Public Prosecutions' decision to try him for the Regency Hotel murder at the Special Criminal Court, has been struck out by the Court of Appeal. Dowdall and Gerry 'The Monk' Hutch, aged 58, are charged with the murder of David Byrne, 33, at the Regency Hotel in Whitehall, Dublin, on 5 February 2016. Both men had sought judicial review at the High Court, arguing that a non‑jury trial before the SCC would be unlawful and a breach of their fundamental rights, claiming the court was a permanent institution established on a temporary basis. Mr Justice Anthony Barr dismissed the actions, ruling that the legislation was not temporary and had no temporal limit. The Court of Appeal struck out Dowdall's appeal, following a decision by the Supreme Court to hear the Hutch and Dowdall appeals next Tuesday.
Who, what, where, when and why
What: Report matter: Former SF councillor's bid to halt non-jury trial struck out ahead of Supreme Court hearing. Procedural stage: appeal
When:
- February 5, 2016 Hearing Or Sentence
- February 11 Other
- 2022-07-01 Publication
Why: Both had claimed in judicial review proceedings at the High Court that any trial before the SCC would be unlawful and in breach of their fundamental rights because the court was operating as permanent institution after being established on a temporary basis half a century ago. CNI source report
Case subjects
Appellant
Places mentioned
- High Court
- Special Criminal Court
- Court of Appeal
- Supreme Court
Topics
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