Trial of Gerard Hutch on Regency Hotel murder charge to start next week

The trial of Gerard Hutch for the murder of David Byrne in Dublin’s Regency Hotel more than six years ago will start next week, the Special Criminal Court has directed.

The trial was due to open last week but was adjourned until today in the wake of the decision of his co-accused, Jonathan Dowdall, just days earlier to plead guilty to a lesser charge of facilitating the murder by making a room at the hotel available to a criminal gang on the day before the murder. Mr Dowdall’s father Patrick also pleaded guilty to the same charge.

On the morning of October 3rd last, the Special Criminal Court heard Jonathan Dowdall was prepared to testify at Mr Hutch’s trial and was being assessed for the State’s witness security programme.

The court heard submissions concerning the sentencing of the Dowdalls before adjourned its sentencing decision to October 17th.

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On the afternoon of October 3rd, when Mr Hutch’s trial was scheduled to open before a different Special Criminal Court, that court agreed, in light of the developments earlier, to adjourn it until today.

The adjournment was sought by the prosecution and consented to by the defence.

Brendan Grehan SC, for Mr Hutch, said the developments involving the Dowdalls had resulted in a “significant reappraisal” of the defence strategy and substantial additional disclosure from the prosecution was required.

Mr Grehan said Mr Hutch had been in custody for more than a year now and is anxious that the trial gets under way as soon as possible.

As well as adjourning the trial of Mr Hutch, the court adjourned the trial of two other men, 59-year-old Paul Murphy, of Cabra Road, Dublin, and 50-year-old Jason Bonney, of Portmarnock, Dublin, on charges of facilitating the murder by providing motor vehicles to the criminal organisation who allegedly carried it out.

A nolle prosequi (no prosecution) was entered by the court in relation to the murder charge against Mr Dowdall.

David Byrne, aged 34, was shot dead at the hotel on the Swords Road on the evening of February 5th 2016 when a number of men entered the premises during a boxing weigh-in.

Mr Hutch, wearing a navy jacket and trousers and a white shirt, was in court today. There was a strong security presence outside the Criminal Courts of Justice, including members of the Garda Armed Support Unit.

Seán Gillane SC, for the prosecution, told the court that a lot of work had gone into disclosing material and there would be further disclosure of a small amount of outstanding material today.

He said he was hopeful the sides would be in a position to have the trial opened next Monday.

Mr Grehan said he was happy with progress made and there is stuff still outstanding but Mr Hutch was anxious that the trial proceed. At the moment, it is all systems go for next Monday although he was not sure the trial would open then. The newer evidence could be backloaded and other matters could be progressed.

Ms Justice Tara Burns, sitting with Judge Sarah Berkeley and Judge Gráinne Malone, said one of the judges had commitments on Monday but the court could sit on Tuesday and could also sit on Friday next if a number of matters needed to be addressed in advance.

Both sides indicated they were happy with a Tuesday date. Mr Grehan said he hoped it would not be necessary to seek rulings from the court in advance of that, given the engagement between the sides to date. He hoped the trial could finish by Christmas but it was not possible to say definitively, he said.

Mr Gillane said there had been discussion on legal issues which might arise and that might shorten the trial. Ms Justice Burns said it might be possible to have the trial run into the early part of January.