Hutch trial: Ex-Sinn Féin councillor has incentive to give evidence, court told
- Published
Gerard Hutch has pleaded not guilty to the murder of David Byrne
A former Sinn Féin councillor had an "incredibly powerful incentive" to give evidence in a murder trial, a court has heard.
The Special Criminal Court in the Republic of Ireland is to rule on whether to allow evidence from Jonathan Dowdall against Gerard Hutch.
Mr Hutch denies murdering David Byrne during a boxing weigh-in at the Regency Airport Hotel in February 2016.
It was part of the Hutch-Kinahan feud that has left 28 people dead.
Dowdall was due to stand trial for murder but pleaded guilty to a lesser offence of facilitating murder.
He is serving a four year sentence for the offence.
The court will rule on Thursday at 14.00 local time on whether to allow evidence from Dowdall.
The presiding judge said she wanted clarity as to where Dowdall was in his application to join the state's witness protection programme.
She said it had been the court's expectation that depending on its ruling, he might give evidence on Thursday afternoon.
But, she indicated, in the absence of such clarity it was possible he might not appear before Christmas depending on how the defence and prosecution decide to proceed.
'Inescapable conclusion'
A lawyer for Mr Hutch, also known as The Monk, told the Special Criminal Court it was clear there was a "quid pro quo" in relation to the Dowdall murder charge being dropped and his decision to make a statement and give evidence against Mr Hutch.
He said that despite "stubborn" Garda (Irish police) insistence to the contrary, the link was an "inescapable conclusion".
As a result the lawyer said: "It's not possible to get a fair trial if Jonathan Dowdall gives evidence."
Jonathan Dowdall is a former Sinn Féin councillor
The three judge non-jury court trial is currently in a process of voir-dire - a trial within a trial - about whether to allow Dowdall to give evidence.
Earlier a detective read one of his interview notes with Dowdall into the court record.
He said: "GH admitted to shooting DB and he needed JD to speak to the IRA".
Mr Hutch's lawyer also criticised the lack of Garda video recordings of interviews with the former Sinn Féin councillor.
He said some detectives took notes while there were incomplete notes from others.
He added Dowdall took no ownership of inconsistencies in his account of his involvement in the case.
Mr Byrne was killed during a boxing weigh-in at the Regency Airport Hotel in Dublin in February 2016.
On Tuesday, lawyers for Mr Hutch told the trial there was no evidence against their client other than Dowdall's "say so" that Mr Hutch allegedly confessed to him that he was part of the murder team.
The trial continues.