Prosecutor: where Garda bug travelled to is 'a cloud' which defence has placed over Hutch case

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The trial has heard that Johnathan Dowdall's jeep crossed the border from Dundalk while bugged by Gardaí

File photo of Gerry 'The Monk' Hutch . Image: RTÉ. CONVERSATIONS BETWEEN REGENCY Hotel murder accused Gerard ‘The Monk’ Hutch and ex Sinn Fein councillor Jonathan Dowdall that were captured by a garda bugging device are admissible in evidence, a prosecution barrister has told the Special Criminal Court.

Gillane submitted that the defence’s contention was that as soon as one reaches the border of the Carrickdale Hotel that “all bets are off and the bug doesn’t work”. Jurisdiction He stated that a surveillance device being deployed on a vehicle gathering intelligence whilst operating outside of the jurisdiction was in “contravention” of the terms of the Act.

The defence is objecting to the admissibility of almost eight hours of the contents of a ten hour audio recording of conversations between Hutch and Dowdall captured by a Garda bugging device on 7 March 2016. Replying to the defence barrister’s submissions today, Gillane said it was clear that the “admissibility challenge” has two separate strands to it.

Gillane said the defence’s submission had started and ended with authorisation of a surveillance device in section 5 of the Criminal Justice Surveillance Act 2009 which stated “subject to any conditions imposed by the judge under subsection , an authorization shall have effect both within the district court district to which the judge is assigned and in any other part of the state”.

Gillane suggested the interpretation that Grehan was seeking the court to place on the Act was to give the Oireachtas an intention to pass a law which has “zero functionality”, akin to a “chocolate teapot”. Grehan submitted last Friday that there had been “an unintentional lack of candour” as Det Supt Johnston had not alerted the judge about a tracker that was placed on the jeep or that the vehicle may have been travelling outside the jurisdiction.

Referring to Hutch’s right to privacy which had been submitted by his defence team, Gillane said it was “considerably attenuated” and asked the court rhetorically if a privacy right when one is discussing murder in a jeep belonging to someone else. CCTV footage has been shown to the court of Hutch getting into the front passenger seat of Dowdall’s Land Cruiser at 2.23pm on 7 March at Kealy’s pub of Cloghran on the Swords Road.Another clip showed the jeep returning to Kealy’s car park at 00.15 in the early hours of the morning on 8 March where Hutch gets out of the jeep and into a BMW.

 

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sinnfeinireland I have added to this article what I know about the relationship between Sinn Fein/PIRA and The Kinahan Cartel before SF/PIRA Double-crossed the Kinahans…

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