Courts / Dublin / Report

Hutch defence team want to know if there was illegal use of tracker device

Date
2022-11-02

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

Gerard Hutch, 59, of Clontarf, Dublin 3, is standing trial in the Special Criminal Court, where he denies the murder of Kinahan Cartel member David Byrne on February 5, 2016. The defence team, led by Brendan Grehan SC, has raised significant concerns regarding the legality of state surveillance, specifically alleging that gardai may have illegally deployed a tracker device on a vehicle belonging to Jonathan Dowdall while it was in Northern Ireland. Mr Grehan argued that such use would breach the law and sought clarification on how specific CCTV enquiries were initiated. Prosecution witness Sean Gillane SC contended that the defence was conflating issues, while the presiding judge acknowledged the emerging legal arguments. Meanwhile, co-accused Jonathan Dowdall, 44, of Cabra, Dublin 7, pleaded guilty to facilitating the Hutch gang by providing access to motor vehicles. He was sentenced to four years in prison for this offence. Dowdall is currently being assessed for the Witness Protection Program to testify against Hutch. Other defendants, Paul Murphy and Jason Bonney, who also face charges of participating in the murder by providing vehicles, have pleaded not guilty and remain on trial. The court continues to hear evidence from National Surveillance Unit members, whose identities are withheld by order.

Who, what, where, when and why

What: Report matter: Hutch defence team want to know if there was illegal use of tracker device. Charges or matters: Mr Byrne's murder; participating in or contributing to the murder of David Byrne by providing access to motor vehicles on February 5, 2016. Procedural stage: sentence

When:

February 5, 2016 Hearing Or Sentence
February 20 Hearing Or Sentence
March 7, 2016 Hearing Or Sentence
February 20, 2016 Incident
March 7 2016 Hearing Or Sentence
April 1, 2016 Hearing Or Sentence
March 7 Hearing Or Sentence
March 30 Other
March 9 Hearing Or Sentence
March 9, 2016 Incident
July 2016 Incident
March 9 2016 Incident
2022-11-02 Publication

Why: It may be the case, he said, that there "isn't anything more" or that someone for their own reasons are not providing the information because they are maintaining a claim of privilege over whether a tracker was used or whether garda personnel followed the Toyota Land Cruiser into the north. CNI source report

Case subjects

Gerard Hutch

Co Accused

Charges: Mr Byrne's murder; participating in or contributing to the murder of David Byrne by providing access to motor vehicles on February 5, 2016 (Admitted)

Plea: Guilty

Outcome: Mr Dowdall has been jailed by the Special Criminal Court for four years for facilitating the Hutch gang in the notorious murder of Kinahan Cartel member David Byrne.

Jason Bonney

Defendant

Charges: participating in or contributing to the murder of David Byrne by providing access to motor vehicles on February 5, 2016 (Alleged Or Contested)

Plea: Not guilty

Jonathan Dowdall

Defendant

Charges: Mr Byrne's murder; participating in or contributing to the murder of David Byrne by providing access to motor vehicles on February 5, 2016 (Admitted)

Plea: Guilty

Outcome: Mr Dowdall has been jailed by the Special Criminal Court for four years for facilitating the Hutch gang in the notorious murder of Kinahan Cartel member David Byrne.

Paul Murphy

Defendant

Charges: participating in or contributing to the murder of David Byrne by providing access to motor vehicles on February 5, 2016 (Alleged Or Contested)

Plea: Not guilty