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legal aid Gerry 'The Monk' Hutch's nephew sues after board refuses to pay cost of his prison legal battle

Derek 'Del Boy' Hutch issued the proceedings against the board and the State after his costs were not met in a 2017 case he took against the governor of Wheatfield Prison.

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Derek Hutch is in jail. Photo: Courtpix

Derek Hutch is in jail. Photo: Courtpix

Gerry Hutch

Gerry Hutch

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Derek Hutch is in jail. Photo: Courtpix

A convicted killer and nephew of gangland figure Gerry 'The Monk' Hutch has sued the Legal Aid Board after it refused to pay his costs in a dispute over his enforced segregation from other prisoners.

Derek 'Del Boy' Hutch issued the proceedings against the board and the State after his costs were not met in a 2017 case he took against the governor of Wheatfield Prison.

In that action he challenged his enforced segregation from the general prison population.

At the time, it was reported he had been moved into a special protection wing of the prison following the murder of his uncle, Eddie Hutch Sr, during the deadly Hutch-Kinahan gangland feud.

Threat

He was considered to have been under threat from the Kinahan cartel.

His brother Gary was shot dead by that mob in 2015.

However, Hutch maintained his segregation hindered his chances of reducing his time in jail, as participation in "structured activities" is part of the criteria that must be met for an application for enhanced remission.

He also claimed he was restricted to the extent where he was denied access to facilities and rehabilitation programmes.

The 35-year-old is currently serving a lengthy sentence for his part in the attempted robbery of a cash-in-transit van.

In his High Court judicial review proceedings, Hutch is seeking an order quashing a decision by the Legal Aid Board not to meet his costs under its custody issues scheme.

He is also seeking a declaration that the board should have followed a recommendation made by Mr Justice Paul McDermott in July 2018 that his legal costs be met under that scheme.

Hutch's challenge to the Legal Aid Board decision is due to be mentioned before the court in late January.

His 2017 proceedings against the prison governor were not successful.

However, according to a legal filing made on Hutch's behalf, Mr Justice McDermott made a recommendation that his legal costs be paid under the custody issues scheme.

The scheme covers proceedings in the High Court and the Supreme Court for certain types of cases not covered by the main criminal legal aid scheme.

These include habeas corpus applications and certain types of judicial review.

However, according to the filing, the Legal Aid Board found his judicial review proceedings against the prison governor did not fall within the parameters of the scheme.

The costs involved could be sizeable as the case was mentioned before the High Court on six occasions before a full hearing took place.

The Legal Aid Board has yet to file opposition papers.

Hutch was jailed in 2011 for 10 years, with the final four suspended, for the manslaughter of a man following a house party in Co Meath four years before.

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