The Court of Appeal has dismissed appeals by Patrick Curtis and Stephen Curtis against the High Court’s refusal of bail, finding that the evidence supported concerns they would flee and that further serious offences could be committed if they were released.
The appeals concerned a High Court decision made on 2 January 2020. The men, who are brothers, were charged with offences arising from an alleged conspiracy to murder Patrick Hutch Snr in the context of the Hutch/Kinahan feud. Patrick Curtis also faced a charge of directing the activities of a criminal organisation. Both men deny no charges in this judgment; the Court of Appeal was considering bail, not their guilt.
The prosecution case, as outlined by a detective to the High Court, relied on physical and audio surveillance, including recordings from a vehicle, and alleged that the men and others planned and prepared the murder. Gardaí intervened on 10 March 2018 near the intended target’s home and arrested three other men in a van. The detective said loaded firearms were recovered, and that CCTV showed Stephen Curtis had bought three phones later recovered at the scene. The prosecution alleged Patrick Curtis had a leadership role, gave instructions and controlled funds. These were allegations presented in the bail proceedings, not findings on the charges.
The Court of Appeal said the prosecution evidence appeared particularly strong, while acknowledging that admissibility challenges could arise if the case were contested. It also considered the seriousness of the charges and the alleged group’s resources and ability to help people flee. The judges gave weight to the fact that the appellants had not fled after their initial arrests and were arrested at their homes nine months later. They nevertheless concluded that the High Court was entitled to find both men were flight risks and unlikely to stand trial.
On the separate objection under section 2 of the Bail Act 1997, the court said the alleged conspiracy formed part of a feud in which 15 people had been murdered. It upheld the High Court’s view that the men might continue the alleged conspiracy and commit further offences if released, and that bail conditions would not adequately address the risks. The court said the High Court judge had given clear reasons for refusing bail.
Patrick Curtis also relied on medical reports and concerns about possible Covid-19 restrictions in prison, which arose after the High Court decision. The Court of Appeal said those changed circumstances should be raised in a renewed bail application to the High Court. It made no finding that a change of circumstances had been established or that it would justify release. The appeals were dismissed. The court recommended that both men be considered for the Custody Issues Scheme, with a solicitor and senior and junior counsel.