All records from a tracking device placed on former Sinn Fein councillor Jonathan Dowdall’s vehicle by gardaí were destroyed before the Regency Hotel murder trial began last month, the Special Criminal Court has heard.
The non-jury court has heard a tracking device was on Dowdall’s Toyota Land Cruiser when he is alleged to have driven murder accused Gerard Hutch across the Border for a meeting with republicans in the aftermath of the shooting.
Brendan Grehan SC, defending Mr Hutch said that, “disturbingly”, the notes were destroyed after his client was arrested and charged with the murder of Mr Byrne. Counsel said the destruction of these records was a “real problem” and he did not accept the State’s assertion that it was done in accordance with the Criminal Justice Surveillance Act 2009.
Mr Hutch (59), last of The Paddocks, Clontarf, Dublin 3, denies the murder of Kinahan cartel member David Byrne (33) during a boxing weigh-in at the Regency Hotel on February 5th, 2016.
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In his opening address, Sean Gillane SC, prosecuting, said it was the State’s case that Mr Hutch had asked Dowdall to arrange a meeting with republicans to mediate or resolve the Hutch-Kinahan feud due to the threats against the accused’s family and friends
Dowdall had driven Mr Hutch to meet the republicans on February 20th, 2016, he said.
Mr Gillane also said in his opening speech that Dowdall drove Mr Hutch to a second meeting in Strabane in Co Tyrone on March 7th, 2016 and that their vehicle was the subject of audio surveillance. Mr Gillane said Dowdall and Mr Hutch’s conversation was recorded and “many topics were traversed” including events at the Regency, the existence of the feud with the Kinahan gang, the personnel and “efforts to make peace or agree a ceasefire”.
The Special Criminal Court has already viewed CCTV footage of what the State says is Gerard Hutch making two separate journeys to Northern Ireland with Jonathan Dowdall on February 20th and March 7th, 2016.
Gather evidence
Giving evidence on Tuesday, retired Det Supt William Johnston, who was previously head of the National Surveillance Unit (NSU), told Mr Gillane that he received information on February 16th, 2016 from Det Supt Ciaran Hoey for the approval to deploy a tracking device on Dowdall’s Land Cruiser in relation to the investigation of the murder of Mr Byrne.
Mr Johnston said he believed there was a requirement to carry out surveillance by deploying an audio device in a vehicle owned and used by Dowdall to assist and gather evidence into the investigation of the offence.
He said he applied for authorisation to the District Court on February 17th, 2016 to employ audio devices on Dowdall’s car with a view to “monitoring” the conversations of Dowdall and his associates.
He said one of the grounds for seeking authorisation of the audio device was that he had received intelligence that Dowdall had travelled to Derry on January 5th, 2016 to meet who the witness described as Martin McLoone of the Real IRA from the Abercorn Road in Derry.
He also said that intelligence also suggested that Dowdall had brought Mr Hutch to Derry on January 18th, 2016, and the men were both persons of interest in the murder of Mr Byrne.
Mr Johnston said another ground sworn to the District Court was that Mr Hutch had called to the Navan Road on February 12th, 2016, where he had a meeting with Dowdall. The court heard it was believed at the time that these were meetings of organised criminal activity and an organised criminal group and may have related to the murder of Mr Byrne.
The witness said that Dowdall’s car was being used by himself, his father Patrick, members of an organised criminal group and their associates to travel to meetings.
“The audio was for the purpose of recording the conversations of the occupants in relation to their activities as members of an organised criminal group,” he added.
Mr Johnston told the District Court that there was “no other method available to monitor the conversations of the organised crime group when in this vehicle” and “all other means had been unsuccessful to date”.
He was granted authorisation to bug Dowdall’s car for two months and to enter it “by reasonable force” to install and withdraw the audio-recording device.
When asked by Mr Grehan what had happened to the records of the tracker device in the case, Mr Johnston said he believed they were unavailable.
“Is there some policy that would enable records of the tracker to be destroyed on February 7th this year when a prosecution was listed for this court?” asked Mr Grehan.
The witness said that the policy would suggest that those records should be available to State counsel.
Mr Hutch’s two co-accused - Paul Murphy (59), of Cherry Avenue, Swords, Co Dublin and Jason Bonney (50), of Drumnigh Wood, Portmarnock, Dublin 13 have pleaded not guilty to participating in or contributing to the murder of David Byrne by providing access to motor vehicles on February 5th, 2016.
The trial continues before Ms Justice Tara Burns sitting with Judge Sarah Berkeley and Judge Gráinne Malone.