Gerry Hutch’s lawyers claim he’ll be discriminated against if stopped from trying to dismiss murder charge, court hears
- 18:39, 8 Jul 2022
- Updated: 18:39, 8 Jul 2022
LAWYERS for Gerard ‘The Monk’ Hutch claim he’ll be discriminated against if prevented from bringing an application before the Special Criminal Court to dismiss the murder charge against him.
Hutch’s defence counsel, Brendan Grehan SC, told the non-jury court that it would be an “extraordinary situation” if the Director of Public Prosecutions could deny his client “the obvious benefit” of bringing the application simply because he was charged in the Special Criminal Court and not the District Court.
Hutch, 59, who is in custody, was present in court for today’s hearing, where he sported a full mane of grey hair and a thick grey beard.
He wore a white open necked shirt and beige chinos.
The three-judge court heard submissions from Mr Grehan for Hutch, and Michael O’Higgins SC, for co-accused and former Sinn Fein Councillor Jonathan Dowdall regarding Section 4E of the Criminal Procedure Act of 1967.
Hutch’s four co-accused supported the Section 4E application and were present in court.
Paul Murphy, 59, of Cherry Avenue, Swords, Co Dublin and Jason Bonney, 50, of Drumnigh Wood, Portmarnock, Dublin 13 are both are both accused of providing access to a vehicle on the day of the murder of David Byrne.
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.
Section 4E states that a court can dismiss the charges against an accused person before trial where there is insufficient evidence.
On September 29 2021, Mr Hutch appeared before an out-of-hours sitting of the non-jury Special Criminal Court charged with murder.
Mr Grehan told the court that Mr Hutch’s solicitors had served a notice of motion pursuant to Section 4E of the Criminal Procedure Act 1967 asking the court to dismiss the murder charge because there was not sufficient evidence to try him
However, the barrister said today that an issue arose on a literal reading of Section 4E which would appear to preclude Mr Hutch from making such an application because the section states that anytime after an accused is “sent forward for trial from the District Court” he may apply to dismiss the charge against him.
Ms Justice Tara Burns, presiding, sitting with Judge Sarah Berkeley and Judge Marie Keane, will rule on the application on July 15.