Hutch’s son seeks release via legal loophole

Alan Hutch, a son of gangland feud murder victim Eddie Hutch Sr, is among up to 20 prisoners seeking to benefit from the striking down of the laws governing the courts’ powers to activate suspended sentences.

The proceedings by Hutch, 33, who is detained in the medical unit of Mountjoy Prison, were among almost 20 separate cases which came before the High Court yesterday. All of the cases were adjourned to various dates in the next law term. Among the reasons cited was that several are awaiting the outcome of another prisoner’s case, on which judgment has been reserved by Mr Justice Paul McDermott.

Hutch’s case was among five new cases initiated on Wednesday after Mr Justice Michael Moriarty made formal declarations that Section 99.9 and 99.10 of the Criminal Justice Act 2006, as amended, are unconstitutional. Those subsections govern the courts’ powers to activate suspended sentences.