Gerry Hutch and Jonathan Dowdall are both charged with the murder of David Byrne at the Regency Hotel.
In relation to the question of the intimidation of jurors, the relevant yardstick is not whether there is intimidation but whether the ordinary courts are adequate for certain offences. There was no evidence, however, the Oireachtas had failed in its duty in this respect and in fact there has been no attempt to annul, he said. There was also the question of statutory protection for jurors in circumstances where ordinary jury courts are not considered adequate, he said.
His trial for the murder of David Byrne, who was shot dead at the Regency Hotel in Dublin in 2016, is due be heard before the non-jury court in October. In ...
The central issue is whether the Special Criminal Court is a temporary court as provided by the law which established it in 1939 or a permanent court. In Gerry Hutchโs case, it was decided the ordinary courts were inadequate to hear his trial and in the interests of the administration of justice and the preservation of peace, the DPP certified that it be heard before the non-jury Special Criminal Court. The Supreme Court has begun hearing Gerry โThe Monkโ Hutchโs appeal against a decision to hold his murder trial in the Special Criminal Court.
The Supreme Court is hearing an action by two men charged with a murder at the Regency Hotel in Dublin in 2016, aimed at stopping them being tried before ...
The court also heard that the legislation gives the power to pass a resolution to annul the proclamation allowing the SCC to come into force, if necessary but there had been no such attempt to annul it. He said if the State was correct, the legislation allowed the Government to issue a proclamation allowing the Special Criminal Court to come into effect whenever it wanted to, without any oversight by the courts. Senior Counsel Michael O'Higgins on behalf of Mr Dowdall argued that the issue before the judges was whether or not the Special Criminal Court was operating as a temporary or a permanent court.