Gerry ‘The Monk’ Hutch to Request Preliminary Hearing and Motion to Dismiss Regency Murder Charge

GERARD ‘THE MONK’ Hutch is to request a preliminary hearing as well as a request to dismiss the charge against him, the special criminal court has heard.

Hutch is charged with the murder of Kinahan gang member David Byrne at the Regency Hotel in 2016.

Defense attorney Brendan Grehan SC, for Hutch, told the non-jury court today that his client is seeking a separate preliminary hearing which could be heard later next month.

Hutch (58), who is in police custody, was not in court for today’s hearing.

The three-judge tribunal must first decide a preliminary question as to whether the Special Criminal Court has jurisdiction under section 4E of the Criminal Procedure Act 1967 to hear the claim.

Section 4E states that a court may dismiss charges against an accused where there is insufficient evidence.

Today, Grehan told presiding Judge Tara Burns that the jurisdictional issue would take no more than half a day.

The attorney said the consequences of the decision will determine how long it will take to hear Section 4E.

Separately, Grehan said there would be a request for a preliminary hearing under section 6 of the Criminal Procedure Act 2021, which in Hutch’s view was a single issue.

“It could be dealt with in a day, but I don’t know what evidence will potentially be required,” he added.

Grehan said defense attorney Michael O’Higgins SC, for Jonathan Dowdall, would join the Section 6 request.

In April 2021, former Sinn Fein councilor Jonathan Dowdall (43), with an address in Navan Road, Cabra, Dublin 7, was charged in court without a jury with the murder of Byrne at the hotel.

His father Patrick Dowdall (64), also of Navan Road, is accused of participating in or contributing to any activity with intent or being reckless as to whether his actions could facilitate the murder of David Byrne.

The indictment alleges that he made a room available at the hotel for a criminal organization or its members on February 4, 2016.

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Paul Murphy (59), of Cherry Avenue, Swords, Co Dublin and Jason Bonney (50), of Drumnigh Wood, Portmarnock, Dublin 13 are both charged with participating in or contributing to an activity with the intent or not to not concern themselves with whether such participation or contribution could facilitate the commission of a serious offense by a criminal organization or one of its members, namely the murder of David Byrne, by providing access to individual motor vehicles to that criminal organization or its members, in the state on February 5, 2016 .

All defendants are due for trial in the Special Criminal Court on October 3.

If the trial continues, it is expected to last 12 weeks.

David Byrne (34), from Crumlin, was shot dead at the Swords Road hotel in Dublin in February 2016 after five men, three of them dressed as armed gardaí, stormed the building, which housed the era a boxing weigh-in.

Hutch was extradited from Spain after his final appeal against extradition to Ireland was rejected by a Spanish appeals court on September 14.

He was being held in a Madrid prison.

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