Jonathan Dowdall has claimed that Gerry Hutch is “willing to throw his own brother under the bus.”
On the second day of being cross-examined by Brendan Grehan SC, acting for Hutch, the former Sinn Fein councillor was being challenged on the fact that his story inserted the accused into the narrative “all of a sudden,” and “out of the shadows."
Mr Grehan said that throughout Dowdall’s evidence it was all “Patsy, Patsy, Patsy,” in reference to a brother of the accused - and that Hutch was then inserted into the story at the end by him.
In response to that Dowdall said that the “Hutches are willing to throw someone else under the bus.
“Your client is willing to throw his own brother under the bus.”
Later in the proceedings today Dowdall confirmed to Brendan Grehan that when he did eventually come forward to gardai in November 2021, he wanted the murder charge against him dropped.
And he also challenged Dowdall about him talking about blowing up the home of Kinahan cartel associate Trevor Byrne on the secretly recorded tapes of him and Hutch - something the Dowdall described as “nonsense.”
Dowdall, wearing a dark navy blazer and white shirt, was again sitting in what is typically the foreman’s chair of a jury section of Court 17, as he was cross examined by Hutch’s senior counsel.
Hutch meanwhile is back sitting in his original spot in the dock on the opposite side of the room - dressed today in a green jumper, and again wearing headphones in order to properly hear the proceedings.
Before the witness was even called back into the room, the court was informed by Prosecuting Counsel Sean Gillane SC of a development he’d been made aware of.
Mr Gillane told Ms Justice Tara Burns, presiding, that he’d been made aware that videos were circulating which appear to be of the court proceedings - and they appear to have been filmed from the overflow court.
Judge Burns said she was “surprised” to hear of this, and said she wanted to remind everyone that it is considered a criminal offence to film court proceedings.
She said that if anyone from the overflow court sees anything of this nature going forward that they immediately come into court and inform her.
“I will not preside over a trial where anything of that nature occurs,” she said.
Mr Gillane also told the court that he’d been made aware that Jonathan Dowdall had requested to see his solicitor.
When Dowdall was brought back out into the courtroom, Mr Grehan SC asked the witness if he was ok to proceed, and he said he was, and that his concern about speaking to his solicitor “isn’t a big deal.”
Arrangements were then made for Dowdall to be able to speak to his solicitor during lunch, and the cross-examination resumed.
Picking up on yesterday’s evidence, Mr Grehan put it to Dowdall that he didn’t go to the guards until after he was charged with the murder of David Byrne at the Regency Hotel - and after he had seen the book of evidence and the whole case against him.
Dowdall refuted this allegation and said he spoke to his solicitor immediately after he was charged about speaking to the gardai.
Pressed on this by Mr Grehan, Dowdall eventually confirmed that he didn’t speak to gardai until November 29, 2021.
Dowdall claimed he had the book of evidence but said certain documentation, such as the transcripts, were not in his possession at the time - and he ended up getting that from Gerry Hutch in prison.
Dowdall confirmed to Mr Grehan that he “wasn’t on good terms” with Gerry Hutch at that point but he had no choice as he wasn’t going to get the transcripts from elsewhere.
He added that he was “hardly going to tell him that I was going to the police,” at that stage.
By this point Mr Grehan suggested that Dowdall wasn’t quite answering his question, and suggested he was “rambling on” - something the witness denied.
At several points today Mr Dowdall spoke at length while answering questions, causing Mr Grehan to later ask him “are we getting another monologue.”
Again the senior counsel defending for Hutch put it to the witness that he had “repeatedly lied” to gardai when he was initially arrested.
He said that Dowdall was “quite willing to say all kinds of things” at that point, to which the witness said he hadn’t access to his interviews so he didn’t know what was said.
Mr Grehan then asked why did it take six and a half years for Dowdall to “tell the truth.”
“What else were you looking for?” he asked.
Mr Grehan put it to the witness that he was looking for the murder charge against him to be dropped once he spoke to gardai.
He would later ask if the two things were not “joined at the hip” - “drop the murder charge and give evidence for the prosecution?"
Mr Dowdall said, “I suppose it is,” in answer to that.
Earlier after being asked several questions about whether he was looking for the charge to be dropped as a result of him speaking to officers Dowdall said:
“Of course I was trying to get the murder charge dropped because I wasn’t involved in a murder.”
Mr Grehan said that it was then that Dowdall was willing to put the accused man Gerard Hutch “in the frame.”
“I didn’t put Gerard Hutch in the frame. Gerard Hutch put himself in the frame,” Dowdall responded.
It was put to Dowdall that the only evidence we have at all of Gerry Hutch’s involvement is “your say so, is that correct?”
Dowdall said that was correct.
Mr Grehan said there is also nothing else to support the witness’s claim that the hotel key was given to Mr Hutch.
Dowdall repeated what he had said yesterday that his father Patrick, who has not been called as a witness to date, was willing to back up his claims.
Mr Grehan again pressed Dowdall about his trying to get the murder charge dropped when he spoke to gardai.
Mr Grehan said that was the “start of a quid pro quo,” but the witness said the two were not linked.
Mr Grehan also asked the witness about his identification of Patrick Hutch Jr in the now infamous Sunday World photo of a gunman in drag running out of the Regency Hotel.
Dowdall said he recognised the person as being Patrick, but Mr Grehan asked him how was that the case when at that point in time the image was pixelated on the newspaper front page.
Dowdall said Hutch had told him it was Patrick, but when pressed he did confirm that he had stated he independently thought that also.
Later Dowdall was grilled about portions of the tape where he spoke about placing a bomb at the home of Kinahan cartel associate Trevor Byrne.
The witness dismissed what he said as “rubbish,” said he was nervous and that he didn’t want to be there in the car with Gerry Hutch when he was saying these things.
He said the claim about blowing up Trevor Byrne’s home was “nonsense.”
Mr Grehan, however, put it to him that “what you were clearly saying suggests you were involved in planning to place a bomb at a man’s home to kill him.”
But Dowdall again pushed back, describing it all as “sh*te talk” and “bravado.”
“People talk stuff that they don’t mean a lot of the time. Unfortunately that nonsense was recorded,” he added.
“It’s disgusting bravado talk. It didn’t happen.”
Mr Grehan asked how can we know Dowdall is lying about that on the tape - after all we know he is capable of doing bad things.
“Like what,” Dowdall asked.
The defence counsel put it to Dowdall that he had tortured a man, and had spoken on the tapes about an incident where his uncle’s home was shot up.
Dowdall said that incident was “years ago” and he had nothing to do with it.
“Does it matter how long ago it was?” Grehan asked.
Dowdall replied that Grehan was “honing in” on certain things on the tape that suited him.
The witness was told not to worry - that portions of the tape were going to be played and put to him again.
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