Courts / Dublin / Report

Dowdall 'duped' and put in 'firing line' for Regency murder, lawyers argue

Date
2023-06-20

Stage
Appeal

Primary locality
Swords

County
Dublin

Summary

Jonathan Dowdall, a former Sinn Fein councillor, appealed his four-year sentence for facilitating the murder of David Byrne at the Regency Hotel. Counsel Michael O'Higgins SC argued Dowdall was "duped" and placed in the "firing line" for a disinformation plan, contending the Special Criminal Court failed to adequately weigh the life changes resulting from his cooperation. Dowdall had pleaded guilty to the facilitation charge, which involved his father, Patrick Dowdall, booking a room on February 4, 2016. Patrick Dowdall was separately jailed for two years for his role in the same offence. The Court of Appeal, presided over by Mr Justice George Birmingham, noted Dowdall had previously served a substantial sentence for torturing Alexander Hurley, a conviction for which he and his father had successfully appealed earlier. The judges questioned whether a defendant with such a history could expect a better outcome, noting the sentencing court had already applied unusual discounts. The appeal challenged the headline sentence and plea discount, but the court highlighted the appellant's prior convictions and the impact of his decisions on his family. The matter was adjourned.

Who, what, where, when and why

What: Report matter: Dowdall 'duped' and put in 'firing line' for Regency murder, lawyers argue. Charges or matters: participating in or contributing to activity intending to or being reckless as to whether such participation or contribution could facilitate the commission of a serious offence by a criminal organisation or any of its members, to wit the murder of David Byrne, by making a room available at the Regency Hotel, Drumcondra, Dublin 9 for that criminal organisation or its members, within the State on February 4, 2016; an offence and someone who came before the court having been convicted of a very serious offence in the past and had served a substantial sentence, could he have had any expectation of doing better than he did?" asked the judge; the facilitation offence. "It sounds like you are coming very close to the line," she said; falsely imprisoning Alexander Hurley and threatenin

When:

February 4, 2016 Incident
June 2017 Hearing Or Sentence
January 15, 2015 Hearing Or Sentence
April 2018 Hearing Or Sentence
September 28 2022 Hearing Or Sentence
February 2016 Incident
April 2021 Incident
October 17 2022 Incident
OCTOBER 2022 Hearing Or Sentence
January 2015 Hearing Or Sentence
May 2014 Other
February 5, 2016 Incident
2023-06-20 Publication

Why: Mr O'Higgins said he did not accept that because one cannot equivocate that they are put in a straight jacket. CNI source report

Case subjects

Jonathan Dowdall

Appellant

Charges: an offence and someone who came before the court having been convicted of a very serious offence in the past and had served a substantial sentence, could he have had any expectation of doing better than he did?" asked the judge; the facilitation offence. "It sounds like you are coming very close to the line," she said; falsely imprisoning Alexander Hurley and threatening to kill him at Jonathan's family home on January 15, 2015 (Admitted)

Plea: Guilty

Outcome: Photo: Collins) Former Sinn Fein councillor and convicted torturer Jonathan Dowdall, who was jailed for facilitating the murder of Kinahan Cartel member David Byrne, was "duped" and put in the "firing line" for the Regency Hotel attack, his lawyers have told the Court of Appeal. Mr O'Higgins argued that the Special Criminal Court had weighed the consequences of how Dowdall's life was going to "irredeemably" change on becoming State's witness "with a blindfold", that the sentencing court didn't hear the specifics and did not know what the future held for his client. "He could have made his plea, been sentenced, walked out and refused to give evidence," he said.

Patrick Dowdall

Defendant

Charges: participating in or contributing to activity intending to or being reckless as to whether such participation or contribution could facilitate the commission of a serious offence by a criminal organisation or any of its members, to wit the murder of David Byrne, by making a room available at the Regency Hotel, Drumcondra, Dublin 9 for that criminal organisation or its members, within the State on February 4, 2016 (Alleged Or Contested)

Outcome: Mr Justice Hunt sentenced Jonathan Dowdall – who previously served as an elected Sinn Fein councillor in the north inner city ward in May 2014 and resigned less than one year later – to four years imprisonment, which he said was a total discount of 50 percent from the headline sentence. Patrick Dowdall was jailed for two years for his facilitation role in the Regency murder by the Special Criminal Court.