Gerard ‘The Monk’ Hutch’s bid to get David Byrne murder charge dismissed is adjourned
A bid by Gerard 'The Monk' Hutch, who is accused of the murder of Kinahan gang member David Byrne at the Regency Hotel in 2016, to dismiss the charge against him has been adjourned at the Special Criminal Court until next week.
Brendan Grehan SC, for Mr Hutch, today told the non-jury court his legal team was in a position to proceed with the application.
However, the matter was adjourned until Monday as one of the three judges was unavailable.
Mr Hutch (58), who is in custody, was present in court for today's brief hearing with a full mane of grey hair to his shoulders and a full beard.
The three-judge court has to first determine a preliminary issue as to whether the Special Criminal Court has jurisdiction under Section 4e of the Criminal Procedure Act of 1967 to hear the application.
Section 4e states that a court can dismiss the charges against an accused person where there is insufficient evidence.
In April 2021, former Sinn Féin councillor Jonathan Dowdall (43), with an address at Navan Road, Cabra, Dublin 7, was charged at the non-jury court with the murder of Mr Byrne at the hotel.
Patrick Dowdall (64), also of Navan Road, is accused of participating in or contributing to activity intending to or being reckless as to whether his actions could facilitate the murder of David Byrne.
The indictment alleges he made a room available at the hotel for a criminal organisation or its members on February 4, 2016.
All of the accused are due to stand trial at the Special Criminal Court on October 3 next. If the trial goes ahead, it is expected to last 12 weeks.
Ms Justice Tara Burns, presiding at the non-jury court, said she could not proceed with the application today as one of the three judges was unavailable. The matter was adjourned until Monday.
Last month, Ms Justice Burns agreed to hear a preliminary application to determine if the Special Criminal Court has jurisdiction under the Act to hear the application.
David Byrne (34), from Crumlin, Dublin, was shot dead at the hotel on the Swords Road in the city in February 2016 after five men, three disguised as armed gardaí, stormed the building, which was hosting a boxing weigh-in at the time.
Mr Hutch was extradited from Spain after his final appeal against extradition to Ireland was rejected by a Spanish Appeals Court on September 14.
Mr Hutch is charged with the murder of David Byrne, contrary to common law, at the Regency Hotel in Swords Road on February 5, 2016.
Mr Hutch has been in custody since being arrested in a restaurant in Fuengirola on the Costa del Sol in Spain on August 12, 2021 by the Guardia Civil. A search for him began in April 2021 after Ireland issued a European Arrest Warrant in connection with the attack on the Regency Hotel.
Mr Hutch, of The Paddocks, Clontarf, Dublin 3, is the third man to be charged with the murder of David Byrne at the Regency Hotel.
Separately, the Supreme Court has agreed to hear appeals by Mr Hutch and Jonathan Dowdall against the DPP's decision to try them before the non-jury Special Criminal Court.
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