Courts / Dublin / Report

'Discrimination' claim if Monk barred from bid to dismiss Regency Hotel murder charge

Summary

Lawyers for Gerard 'The Monk' Hutch, accused of the murder of David Byrne at the Regency Hotel, have argued that their client would face discrimination if prevented from applying to the Special Criminal Court to dismiss the charge against him under Section 4E of the Criminal Procedure Act of 1967. Defence counsel Brendan Grehan SC stated that it would be an 'absurd interpretation' of the law to deny Mr Hutch the right to apply for dismissal simply because he was charged directly in the Special Criminal Court rather than the District Court. The matter was adjourned for a ruling on July 15. Mr Hutch, who is in custody, was present in court and was joined by his four co-accused, including Jonathan Dowdall, Patrick Dowdall, Paul Murphy, and Jason Bonney, who were also present. All five accused are due to stand trial at the Special Criminal Court on October 3. The trial is expected to last 12 weeks. The case involves the murder of David Byrne, who was shot dead at the hotel in February 2016. Mr Hutch was extradited from Spain after his final appeal against extradition was rejected by a Spanish Appeals Court. The Supreme Court has reserved its decision on appeals by Mr Hutch and Jonathan Dowdall against the DPP's decision to try them before the non-jury Special Criminal Court.

Who, what, where, when and why

What: Report matter: 'Discrimination' claim if Monk barred from bid to dismiss Regency Hotel murder charge. Charges or matters: murder of David Byrne; participating in or contributing to activity intending to facilitate the murder of David Byrne. Procedural stage: appeal

When:

• September 29 2021 Hearing Or Sentence
• February 5, 2016 Incident
• July 15 Hearing Or Sentence
• April 2021 Incident
• February 4, 2016 Other
• October 3 Hearing Or Sentence
• February 2016 Hearing Or Sentence
• September 14 Incident
• August 12, 2021 Incident
• 2022-07-08 Publication

Why: Defence counsel Brendan Grehan SC, for Mr Hutch, told the non-jury court that it would be an "extraordinary situation" and an "absurd interpretation" of Section 4E of the Criminal Procedure Act of 1967 if the Director of Public Prosecutions (DPP) could deny his client "the obvious benefit" of bringing the application simply because he was charged in the Special Criminal Court and not the District Court. Prosecution account reported by CNI

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report