Alison O’Riordan
Gerard "The Monk" Hutch appeared before an out-of-hours sitting of the non-jury Special Criminal Court last night (Wednesday) charged with the murder of Kinahan gang member David Byrne at the Regency Hotel in 2016.
Defence counsel for Mr Hutch, Mr Brendan Grehan SC, told the three-judges that he was reserving his client's position in relation to the lawfulness of his arrest, the charge brought against him and in respect of the jurisdiction of the court.
A date was also set at the Special Criminal Court for the trial of Mr Hutch.
Presiding judge Mr Justice Tony Hunt, sitting with Judge Sarah Berkeley and Judge David McHugh, fixed a trial date for Mr Hutch of October 3rd, 2022, where the accused will go on trial alongside four other co-accused, who are charged in connection with the murder of David Byrne.
Mr Hutch was brought to court under heavy security just hours after a Casa 235 military plane flew the 58-year-old directly from Madrid to Casement Aerodrome, Baldonnell in the southwest of Dublin.
Mr Hutch arrived under armed garda escort and amidst tight security to the Criminal Courts of Justice building on Parkgate Street shortly before 8pm this evening.
Arrest warrant
Last April, the High Court issued a European arrest warrant following an application from the Director of Public Prosecutions for the arrest of Mr Hutch, who was wanted to face trial in Ireland.
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.
Mr Hutch, was extradited from Spain this afternoon after his final appeal against extradition to Ireland was rejected by a Spanish Appeals Court on September 14. He was being held in a Madrid prison.
Mr Hutch is charged with the murder of David Byrne, contrary to common law, at the Regency Hotel on the Swords Road, Whitehall, Dublin 9, on February 5th, 2016.
State solicitor Ms Ciara Vibien told the court this evening that an application was made to the Special Criminal Court for an arrest warrant for Mr Hutch on March 24th this year in respect of one charge and the court issued a warrant on that date.
Detective Superintendent Paul Scott, of Ballymun Garda Station, gave evidence to the Special Criminal Court of Mr Hutch's arrest, charge and caution.
He told State Solicitor Ciara Vibien that he arrested the accused at Baldonnell Aerodrome at 7.12pm on foot of the warrant issued by the Special Criminal Court.
Public peace
In addition, Det Supt Scott said that he outlined to Mr Hutch that the Special Criminal Court is chosen if the ordinary courts are inadequate to secure the administration of justice in relation to a trial and the preservation of public peace and the DPP had directed that the accused man be brought before the Special Criminal Court for trial.
The court further heard that Det Supt Scott met Mr Hutch in the precincts of the Special Criminal Court later in the evening, where he handed him a copy of the original charge sheet, which he read over and explained to him.
Mr Hutch, who appeared before the court wearing a white linen jacket, a white shirt, mustard pants and a face mask covering his grey beard, stood as requested when the court registrar read the charge to him. Asked if he was Gerard Hutch, he replied: “Eh yes”.
The book of evidence was then served on Mr Hutch.
Mr Hutch is represented by Padraic Ferry and Tony Collier of Ferrys Solicitors.
Ms Vibien said there was a trial date set in relation to other co-accused for October 3rd, 2022, and she asked that Mr Hutch come into that date, which the three judges acceded to.
High Court
Defence counsel for Mr Hutch, Brendan Grehan SC, said he was reserving his client's position in relation to the lawfulness of the arrest and the charge brought against him. The barrister said he was also reserving his position in respect of the jurisdiction of the court.
“We are considering matters in relation to bail. I have to take instructions and that matter will require serious consideration, but that will be to the High Court,” he said.
Mr Grehan said he was seeking a date in the next two weeks “in case ancillary matters arise”.
Furthermore, the lawyer said there may be an application for separate trials, but that can be dealt with in due course.
Mr Grehan also said Mr Hutch was fully vaccinated for Covid-19 and had received a negative Covid test yesterday.
Presiding judge Mr Justice Hunt, sitting with Judge Berkeley and Judge McHugh, remanded Mr Hutch in custody until October 15th at 10.30am.
Mr Hutch has been in custody since being arrested in a restaurant in Fuengirola on the Costa del Sol on August 12th by the Guardia Civil. A search for him began last April after Ireland issued a European Arrest Warrant in connection with the attack on the Regency Hotel.
In fighting his extradition to Spain, Mr Hutch argued he was under threat in Ireland from criminal groups. The Spanish court rejected this argument, stating the Irish authorities are capable of keeping him safe.
However, the three judges of the Spanish court did concede to a request by Mr Hutch to serve any sentence which might be imposed by the Special Criminal Court in Spain as he is a full-time resident of the country.
It took into account that the Dublin man is a Spanish resident who has paid tax there since 2012 and whose family live in the count.
