Gerry Hutch and former Sinn Féin councilor Jonathan Dowdall are unable to move to have their murder charges dismissed.
The two men are due to stand trial later this year charged with the 2016 murder of Kinahan employee David Byrne at the Regency Hotel.
They had sought to have the charges dropped under Section 4E of the Criminal Procedure Act 1967 – on the grounds that there were not enough cases to bring them to justice.
However, the Special Criminal Court first had to determine whether it had jurisdiction to hear the application.
The state argued that the section was clear in its literal meaning and that it was only available to defendants who had been sent forward for trial.
Because the defendants were tried directly in front of the non-jury court and not tried, prosecutors said they did not fall under the section’s rules.
The defense contended that such an interpretation would lead to unequal and discriminatory treatment of the defendants.
Presiding Judge Tara Burns said today that the literal meaning of Section 4E reflects the intent of the Oireachtas.
This prohibits a defendant charged directly before the Special Criminal Court from making a motion to have the charges dismissed.
The non-jury stated that it had no jurisdiction in this regard and that it was not appropriate to further consider the matter.
All five defendants were present in court today, as was Sadie Byrne, David Byrne’s mother.
Following the verdict, Mr. Grehan informed the court that he would submit an application to establish certain evidence in the case ruled inadmissible.
He said that evidence constitutes a “large, if not substantial” part of the case brought against Mr Hutch.
Ms Justice Burns said the scope of the request made it inappropriate to hold a separate hearing on the matter.
The court said it could be dealt with at a pre-trial hearing and adjourned the matter until October 3.
Mr. Hutch and Mr. Dowdall were included in the preliminary hearing on the Section 4E motion by their three co-defendants.
Gerry “The Monk” Hutch, 58, of The Paddocks in Clontarf, is charged with the murder of David Byrne at the Regency Hotel on Swords Road in Whitehall on 5 February 2016.
Former Sinn Fein councilor Jonathan Dowdall, 43, of Navan Road, Cabra, has also been charged with Byrne’s murder.
His father Patrick Dowdall (65) also of Navan Road, Jason Bonney (51) of Drumnigh Wood, Portmarnock, Dublin 15 and Paul Murphy (60) of Cherry Avenue in Swords are each accused of a single breach of Section 72 of the Criminal Justice Act 2006, replaced by Section 6 of the Criminal Justice (Amendment) Act, 2009.
https://www.independent.ie/news/massive-blow-to-gerry-hutch-and-jonathan-dowdalls-attempt-to-have-their-regency-hotel-murder-charges-dismissed-41842645.html A major blow to Gerry Hutch and Jonathan Dowdall’s attempt to have their Regency Hotel murder charges dropped