The Special Criminal Court has allowed surveillance evidence in the Gerry Hutch murder trial – even though it found it was gathered illegally.
The non jury court ruled that hours of the March 2007 conversation between Mr Hutch, 59 and Jonathan Dowdall that took place in Northern Ireland were illegal and not covered by the 2009 surveillance act. The court found only surveillance in the Republic Of Ireland was legal.
That was a key submission by Mr Hutch’s defence team who wanted the bug evidence gathered by the National Surveillance Unity excluded from the court. But, although the three judge court found the northern surveillance was illegal, they also ruled that gardai had acted in good faith – and said the evidence was admissible.
Read more: Gardai out in force on roads this Christmas with new drug tests
Presiding Judge Ms Justice Tara Burns told the court: “The officers form the National Surveillance Unit acted in good faith and any illegality was unknown. The section of the conversation recorded in Northern Ireland ought to be admitted.”
The decision is regarded as a major blow to Mr Hutch, with an address at the Paddocks, Clontarf, north Dublin. He is accused of the February 2016 murder of Daniel Kinahan pal David Byrne, 33, at the Regency Airport Hotel in north Dublin – a charge he denies.
The court also rejected a claim by Mr Hutch’s defence team that the surveillance evidence in the case breached his rights to privacy. Ms Justice Burns ruled Mr Hutch and Mr Dowdall were in a general way discussing criminality on the journey.
She added: “Privacy cannot arise when criminal matters are being planned.” The court also rejected a defence claim that judicial permission for the bug to be fitted had been obtained illegally by gardai.
The case continues.
READ NEXT:
- Irish Rail announce late-night DART and commuter train timetable for Christmas
- Ryanair boss 'very concerned' that Dublin Airport may not have enough security staff for Christmas
- Free Santa experience at Liffey Valley along with €500 voucher for one lucky family
- Popular Dublin Airport Hopper service to return in December under new management
Sign up to the Dublin Live Newsletterto get all the latest Dublin news straight to your inbox.
