Courts / Dublin / Report
Monk's Supreme Court bid to prevent non-jury trial for Regency murder fails
Summary
In a unanimous Supreme Court ruling, the appeal by Gerry 'The Monk' Hutch and former Sinn Féin councillor Jonathan Dowdall to stop their trial for the Regency Hotel murder from proceeding before the Special Criminal Court (SCC) was dismissed. The Court, led by Chief Justice Donal O'Donnell, upheld the High Court's decision that the SCC remains lawfully in operation under the 1939 Offences Against the State Act and the 1972 Proclamation. The judges rejected arguments that the SCC had become an unlawful permanent court or that its existence required continuous review by the Dáil. They also found that the Irish Human Rights and Equality Commission could not act as amicus curiae in this case. The Court will later order costs. The trial of Hutch (58) and Dowdall (44) for the murder of David Byrne (33) on 5 February 2016 will therefore proceed before the SCC.
Who, what, where, when and why
What: Report matter: Monk's Supreme Court bid to prevent non-jury trial for Regency murder fails. Procedural stage: trial
When:
- February 5, 2016 Hearing Or Sentence
- 2022-07-29 Publication
Why: The men's lawyers had argued that their trials before the SCC would be unlawful because the court, the current version of which was established in 1972, has become a de-facto permanent court when the relevant legislation only provides that it be temporary. CNI source report
Case subjects
Applicant
Places mentioned
- Special Criminal Court
- Supreme Court
- High Court
- The Supreme Court
Topics
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