Courts / Dublin / Report

Nothing in Irish surveillance law to say it applies outside of State, Hutch defence team says

Date
2022-11-29

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

The Special Criminal Court is hearing Gerard Hutch's murder trial, where the defence has challenged the admissibility of audio surveillance evidence. Senior counsel Brendan Grehan argued that Irish surveillance law does not apply extraterritorially, contending that the Oireachtas would have legislated with "irresistible clearness" if such scope were intended. The prosecution, represented by Sean Gillane SC, countered that the device was lawfully deployed and retrieved within the State, dismissing jurisdictional concerns as a "cloud." The court will rule on Friday regarding the admissibility of recordings captured when the vehicle crossed into Northern Ireland. In related proceedings, Jonathan Dowdall pleaded guilty to facilitating the Hutch gang by providing access to motor vehicles and a hotel room ahead of the murder of Kinahan Cartel member David Byrne. Dowdall was sentenced to four years' imprisonment and is currently being assessed for the Witness Protection Program to testify against Hutch. Co-accused Paul Murphy and Jason Bonney have pleaded not guilty to charges of participating in or contributing to the murder by providing access to motor vehicles. The trial continues before Ms Justice Tara Burns, Judge Sarah Berkeley, and Judge Grainne Malone.

Who, what, where, when and why

What: Report matter: Nothing in Irish surveillance law to say it applies outside of State, Hutch defence team says. 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:

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
2022-11-29 Publication

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: 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: 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