GERARD ‘THE MONK’ Hutch is to seek a pre-trial hearing as well as an application to dismiss the charge against him, the Special Criminal Court has heard.

Hutch is accused of the murder of Kinahan gang member David Byrne at the Regency Hotel in 2016.

Defence counsel Brendan Grehan SC, for Hutch, today told the non-jury court that his client is seeking a separate pre-trial hearing which could be heard later next month.

Hutch (58), who is in custody, was not present in court for today’s hearing.

The three-judge court has to first determine a preliminary issue as to whether the Special Criminal Court has jurisdiction under Section 4E of the Criminal Procedure Act of 1967 to hear the application. 

Section 4E states that a court can dismiss the charges against an accused person where there is insufficient evidence. 

Today, Grehan told Justice Tara Burns, presiding, that the jurisdiction issue would take no longer than half a day.

The barrister said the consequences of the ruling would determine how long it would take to hear Section 4E. 

Separately, Grehan said there would be a preliminary trial hearing application under Section 6 of the Criminal Procedure Act 2021, which he said from Hutch’s point of view was a single issue matter. 

“That could be dealt with in a day but I don’t know what evidence will be potentially required in it,” he added.

Grehan said that defence counsel Michael O’Higgins SC, for Jonathan Dowdall, would be joining the Section 6 application.

In April 2021, former Sinn Fein councillor Jonathan Dowdall (43), with an address at Navan Road, Cabra, Dublin 7 was charged at the non-jury court with the murder of Byrne at the hotel. 

His father Patrick Dowdall (64), also of the Navan Road, is accused of participating in or contributing to activity intending to or being reckless as to whether his actions could facilitate the murder of David Byrne.

The indictment alleges that he made a room available at the hotel for a criminal organisation or its members on 4 February, 2016.

Paul Murphy (59), of Cherry Avenue, Swords, Co Dublin and Jason Bonney (50), of Drumnigh Wood, Portmarnock, Dublin 13 are both charged with participating in or contributing to activity intending to or being reckless as to whether such participation or contribution could facilitate the commission of a serious offence by a criminal organisation or any of its members, to wit the murder of David Byrne, by providing access to individual motor vehicles to that criminal organisation or its members, within the State on 5 February, 2016.

All of the accused are due to stand trial at the Special Criminal Court on 3 October. 

If the trial goes ahead, it is expected to last 12 weeks.

David Byrne (34), from Crumlin, was shot dead at the hotel on the Swords Road in Dublin in February 2016 after five men, three disguised as armed gardaí, stormed the building, which was hosting a boxing weigh-in at the time.

Hutch was extradited from Spain after his final appeal against extradition to Ireland was rejected by a Spanish Appeals Court on 14 September.