Regency murder trial hears records from tracking device on Dowdall's car destroyed
Members of the Garda Armed Support Unit on duty at the Special Criminal Court on Tuesday where the trial of Gerard Hutch continues. Picture: Collins Courts
All records from a tracking device placed on former Sinn Féin councillor Jonathan Dowdall's vehicle by gardaí were destroyed before the Regency Hotel murder trial began last month, the Special Criminal Court has heard.
Earlier, the non-jury court heard from defence counsel that gardaí destroyed records from a tracking device that had been placed on Dowdall's Toyota Land Cruiser jeep when he is alleged to have driven murder accused Gerard Hutch north for a meeting with republicans in the aftermath of the shooting.
Brendan Grehan SC, defending Mr Hutch, said that, "disturbingly", the notes were destroyed after his client was arrested and charged with the murder of David Byrne. Counsel said the destruction of these records is a "real problem" and he did not accept the State's assertion that it was done in accordance with the Criminal Justice Surveillance Act 2009.
Gerard 'The Monk' Hutch, aged 59, last of The Paddocks, Clontarf, Dublin, denies the murder of Kinahan Cartel member David Byrne, aged 33, during a boxing weigh-in at the Regency Hotel on February 5, 2016.
In his opening address, Sean Gillane SC, prosecuting, said it was the State's case that Mr Hutch had asked Dowdall to arrange a meeting with provisional republicans to mediate or resolve the Hutch-Kinahan feud due to the threats against the accused's family and friends. Dowdall had driven Mr Hutch to meet the republicans on February 20, 2016, he said.
The State also said in their opening speech that Dowdall drove Mr Hutch north to the second meeting in Strabane in Co Tyrone on March 7, 2016, and that their vehicle was the subject of audio surveillance. Mr Gillane said Dowdall and Mr Hutch's conversation was recorded and "many topics were traversed" including events at the Regency, the existence of the feud with the Kinahan organised crime group, the personnel, and "efforts to make peace or agree a ceasefire".
Retired Detective Superintendent William Johnston, previously head of the National Surveillance Unit (NSU), told Mr Gillane he approved the deployment of a tracking device on Dowdall's Land Cruiser for a period of two months.
Mr Johnston said he believed there was a requirement to carry out surveillance on Dowdall to assist and gather evidence into the investigation of the murder of Mr Byrne. He outlined a number of meetings about which he had received intelligence that led to the seeking of authorisation for the audio device from the district court.
When asked by Mr Grehan what had happened to the records of the tracker and logger devices in the case, Mr Johnston said he believed they were unavailable.
"Is there some policy that would enable records of the tracker to be destroyed on February 7 this year when a prosecution was listed for this court?" asked Mr Grehan.
The witness said that the policy would suggest that those records should be available to State counsel.
Earlier, Mr Grehan challenged a claim of privilege by members of the NSU in not disclosing the date that a tracking device was deployed on Dowdall's jeep before his alleged journey to the North with Mr Hutch on February 20, 2016.
Fiona Murphy SC, prosecuting, said the authorisation for the approval of a tracker on Dowdall's Land Cruiser had been disclosed to the defence and that there had been physical surveillance by the PSNI of the vehicle when in the North. She said that the only thing over which privilege was claimed was the date of the deployment of the tracker and the date it ceased use.
Mr Grehan said "a separate issue" had arisen which the defence would meet "head on". He said said the defence were told for the first time yesterday that all records of the tracker, and all information that had been gleaned from the tracker, have been destroyed.
"We were told on Friday that the PSNI had involvement beyond providing CCTV, we have been told no records or notes have been kept in relation to this which we see as somewhat extraordinary if there was such involvement and liaison," said counsel.
Mr Hutch's two co-accused — Paul Murphy, aged 59, of Cherry Avenue, Swords, Co Dublin, and Jason Bonney, aged 50, of Drumnigh Wood, Portmarnock, Dublin 13 — have pleaded not guilty to participating in or contributing to the murder of Mr Byrne by providing access to motor vehicles on February 5, 2016.
The trial continues before Ms Justice Tara Burns sitting with Judge Sarah Berkeley and Judge Grainne Malone.
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