Regency Hotel trial adjourned again pending investigation into death of lead investigator

By Alison O’Riordan

The Regency Hotel shooting trial has been adjourned for a further three weeks to allow for the analysis of electronic data as part of an inquiry into the death of the lead investigating garda in the case.

The adjournment is to give the defence time to read an interim report into the death of Detective Superintendent Colm Fox.

The Special Criminal Court also heard today that the final report will be completed by the end of September.

Det Supt Fox was found dead on the evening of February 10 in his office at Ballymun garda station. The trial was stalled at the time over the disclosure by the prosecution of emails between four gardaí.

Patrick Hutch (25) of Champions Avenue, Dublin 1, has pleaded not guilty to the murder of David Byrne (34) at the Regency Hotel in Dublin on February 5, 2016.

He also denies possessing three AK47 assault rifles in connection with the shooting.

Senior prosecuting counsel Sean Gillane SC told the court today that the inquiry into the circumstances, causes and consequences of Det Supt Fox's death was at a very advanced stage. He said there had been a significant amount of documentation and further witness statements had been taken.

However, Mr Gillane said there were some outstanding matters in relation to a mobile phone, two USB devices and a laptop. He said the investigators in the inquiry needed assistance to get access to this mobile phone from external sources.

Mr Gillane said an interim report has been prepared and he received it last Thursday. “I’ve been through it and the supporting documentation,” he said. The final report will be completed by the end of September, said Mr Gillane.

The barrister said he proposed to disclose the interim report to Michael O’Higgins SC, for Mr Hutch, by Wednesday.

Mr Gillane asked the court to list the matter for mention before the end of term.

Mr O’Higgins, for Mr Hutch, said the court should know where it is at then.

Mr Justice Tony Hunt, presiding at the three-judge court, granted the adjournment. He agreed that the prosecution should disclose the interim report “to keep things as speedy as possible.”

This is the six adjournment to date and it will come back before the non-jury court in three week’s time. Mr Byrne’s parents were present in court for the brief hearing.

The trial was also delayed in March for three months after the court heard more time was needed for an inquiry into the tragic death of the senior investigating garda in the case.

Mr Justice Hunt, presiding, sitting with Judge Patricia Ryan and Judge Ann Ryan, remanded Mr Hutch in custody until July 30, when the case is listed for mention again.

Mr Gillane told the court on March 22 that "considerable progress" had been made in the inquiry into Det Supt Fox’s death. He said that a "number of separate themes" had been established to each different strand of the enquiry which included the examination of documentary material, electronic data and the taking of relevant witness statements.

The trial had previously been adjourned for a month in February after notes written by the late superintendent were handed into the court and read by the three judges.

Two weeks earlier, the trial had been adjourned when the defence had requested to be provided with copies of emails exchanged between four gardaí involved in the case.

The court has previously heard that the shooting took place during a boxing weigh-in at the Regency Hotel, when a man dressed as a woman and another wearing a flat cap, armed with handguns, followed by three people dressed in tactical-style garda uniforms and carrying assault rifles, raided the venue.

It is the prosecution's case that Mr Hutch was the man dressed as a woman and that, although he did not shoot Mr Byrne, he was part of a "shared intention" to commit the offence.