Courts / Dublin / Report

Bugged conversations between Dowdall and Hutch admissible at trial, judges rule

Summary

The Special Criminal Court has ruled that ten hours of bugged conversations between murder accused Gerard 'The Monk' Hutch and ex-Sinn Fein Councillor Jonathan Dowdall, captured by a garda bugging device, are admissible in the trial, despite being gathered unlawfully while Dowdall's jeep was outside the State. The court found that the National Surveillance Unit (NSU) officers had no power to gather evidence in Northern Ireland and that the breach was of significance. However, the court was satisfied that the NSU officers acted in good faith and that the conversations should be admitted in the interests of justice. The ruling followed legal arguments by both sides, with the court rejecting the defence's challenge to the authorisation of the audio bugging device but accepting their argument that the operation of the surveillance device was illegal. The court also ruled that gardai have no power to investigate or gather evidence in another State. Jonathan Dowdall has been jailed by the Special Criminal Court for four years for facilitating the Hutch gang in the murder of David Byrne. Paul Murphy and Jason Bonney have pleaded not guilty to charges of participating in or contributing to the murder of David Byrne by providing access to motor vehicles on February 5, 2016. Gerard Hutch has pleaded not guilty to charges of Mr Byrne's murder and participating in or contributing to the murder of David Byrne by providing access to motor vehicles on February 5, 2016. The matter was adjourned for further proceedings.

Who, what, where, when and why

What: Report matter: Bugged conversations between Dowdall and Hutch admissible at trial, judges rule. Charges or matters: Mr Byrne's murder; participating in or contributing to the murder of David Byrne; 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 2016 Hearing Or Sentence
• March 8 Hearing Or Sentence
• March 7, 2016 Hearing Or Sentence
• February 5, 2016 Hearing Or Sentence
• February 20 Hearing Or Sentence
• March 7 Hearing Or Sentence
• Christmas Other
• 2022-12-02 Publication

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

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Read the original CNI report