The Monk Hutch will fight this Murder Case until the End, and Names in High places will be Falling from the Skies???

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Gerry ‘The Monk’ Hutch bids to stop his non-jury murder trial

 03/11/2021

Gerry ‘The Monk’ Hutch is opposing the use of the Special Criminal Court for his trial over the Regency Hotel shooting.

His lawyers are to argue before the High Court next Monday that a jury should decide the verdict, rather than three judges

Mr Hutch, 58, is accused of the murder of Kinahan cartel associate David Byrne at the Dublin hotel on February 5, 2016.

Gerry Hutch
Gerry ‘The Monk’ Hutch is opposing the use of the Special Criminal Court for his trial over the Regency Hotel shooting. Pic: RollingNews.ie

The hotel was the centre of an armed attack during a boxing weigh-in. A hit team stormed the weigh-in armed with AK-47s. Some of the crew were dressed as elite gardaí.

The group opened fire, but while Byrne, 33, was shot dead and two other people were injured, the main target, cartel chief Daniel Kinahan, managed to escape unhurt.

The Special Criminal Court has been used in recent years for gangland trials, and in cases in which it is feared jurors could face intimidation from the accused or their associates. Cases involving terrorism and organised crime offences are automatically brought before the Special Criminal Court for trial.

Gerry Hutch
Mr Hutch, 58, is accused of the murder of Kinahan cartel associate David Byrne at the Dublin hotel on February 5, 2016. Pic: REUTERS

Other offences are sent there when the Director of Public Prosecutions certifies that the ordinary courts are, in the DPP’s opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order.

In the case of Mr Hutch, the DPP has made the decision that the Special Criminal Court should be used.

The Special Criminal Court was established by an order of the government in 1972, to deal with paramilitary cases.

Gerry Hutch
In the case of Mr Hutch, the DPP has made the decision that the Special Criminal Court should be used. Pic: Collins

According to the Irish Independent, Mr Hutch is poised to claim that he has a constitutional right to have his trial heard by a judge and jury.

He is being represented in the proceedings by Dublin legal firm Ferrys Solicitors, which will lead an application for leave to bring the challenge on Monday. The judicial review is being taken against the DPP, the Justice Minister, the Dáíl, the Seanad, Ireland and the Attorney General.

It has been reported Mr Hutch will argue the Oireachtas has failed to enact specific legislation regarding the use of non-jury trials, and has instead just opted to renew emergency measures introduced in 1972.

The case is similar to one already being taken by former Sinn Féin councillor Jonathan Dowdall, who is also accused of the murder of David Byrne. In his case, launched in July, Mr Dowdall claims he should not be tried for the offence before the Special Criminal Court. He claims the use of the court amounts to a breach of his constitutional rights and his rights under the European Convention on Human Rights

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