GERRY ‘The Monk’ Hutch made a last-ditch effort to get the Regency Hotel murder case out of Special Criminal Court today – claiming it was designed only for 50 year old IRA terrorists before.
Hutch58, who was extradited from Spain, and Jonathan Dowdall, 44, of Navan Road, Dublin, are both charged with the murder of David Byrne, 33, at a Dublin hotel on 5 February 2016.
They want Cao Court stipulates that it would be illegal to try them before the SCC and violate their fundamental rights.
They argue that this is because the SCC is operating as a permanent court when it was only established on a temporary basis nearly 50 years ago.
Their judicial review proceedings are against the Attorney General, Dail Eireann, Ireland and the Attorney General, while Seanad Eireann is also a defendant in the Hutch case.
Both men wanted the Supreme Court to declare that a trial before SCC, was illegal and beyond the jurisdiction of the State Offenses Act 1939.
Hutch and Dowdall – a former Sinn Féin councilor – argued that this violated their constitutional rights and the European Convention.
They also argued that the State did not issue anything other than provisional measures regarding the trial of those before the SCC also violated their rights.
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They say they should not be tried according to the amount of the provisional law introduced in 1972 during the Troubles to deal with the emergency at the time but has since been expanded to deal with with serious organized crime.
Respondents in this case denied their claims.
Michael O’Higgins SC, to Mr. Dowdall, argued that the court would have to decide whether the 1972 declaration, which established the SCC for the third time in the history of the State on an interim basis, has now turned into a state of affairs. permanent situation.
His side’s argument was that this was beyond the powers of the State Against Infringement Act and that if the State wanted to keep it in perpetuity it should enact legislation authorizing it to do so.
The lawyer said the basic argument in this case concerns the statutory interpretation of the establishment of the SCC.
The hearing continues before Mr. Justice Anthony Barr. Hutch was arrested in Fuengirola, southern Spain in August.
He has been in the area, where he owns a home, since the High Court of Ireland issued a European Arrest Order last April.
The monk tried to block his extradition on the grounds that he was a full-time tax resident in Spain and his life was at stake.
He argued that the ties to his life gave the Spanish court the power to deny the extradition request.
But the court disagreed and agreed with the request of the Irish authorities.
The father of former Sinn Fein councilor Patrick, 64, and two other men have also been charged in connection with the gun attack.
They will be tried in October 2022.
https://www.thesun.ie/news/8189457/gerry-hutch-regency-hotel-murder-trial-court/ Gerry ‘The Monk’ Hutch Lasts Trial to Trial for Regency Hotel Murder