Courts / Dublin / Report

'Doesn't matter a damn' where bug travels once placed lawfully, Regency trial hears

Summary

The Special Criminal Court is considering the admissibility of evidence from a garda bugging device used to capture conversations between Jonathan Dowdall and Gerard 'The Monk' Hutch, which were recorded on March 7, 2016. Prosecution counsel Sean Gillane SC argued that once a surveillance device is placed and retrieved lawfully within the jurisdiction, the evidence is admissible regardless of where the vehicle travelled. He stated that the issue of extraterritoriality does not arise, as the device was deployed, initiated, and retrieved within the State. Defence counsel Brendan Grehan SC objected to the admissibility of the evidence, claiming that the device was used outside the jurisdiction and that the evidence was obtained unlawfully. The court has viewed CCTV footage showing Gerard Hutch making two journeys to Northern Ireland with Dowdall in the weeks following the murder of David Byrne. Jonathan Dowdall has pleaded guilty to facilitating the Hutch gang in the murder of David Byrne and has been jailed for four years. Gerard Hutch has been convicted of Mr Byrne's murder and is awaiting sentencing. Paul Murphy and Jason Bonney have pleaded not guilty and the matter is ongoing.

Who, what, where, when and why

What: Report matter: 'Doesn't matter a damn' where bug travels once placed lawfully, Regency trial hears. Charges or matters: Mr Byrne's murder. Procedural stage: sentence

When:

• March 7 Hearing Or Sentence
• February 5, 2016 Hearing Or Sentence
• March 7 2016 Other
• February 17, 2016 Hearing Or Sentence
• February 20 Hearing Or Sentence
• March 7, 2016 Hearing Or Sentence
• March 8 Hearing Or Sentence
• 2022-11-28 Publication

Why: Counsel told the court that Mr Grehan had submitted that the laws promulgated by the Oireachtas were territorially limited and that the evidence garnered from a device which crosses the border must be excluded from the trial court because of the words "in any other part of the state". CNI source report

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

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Read the original CNI report