State opposes Gerard Hutch’s application for substantial legal costs after murder acquittal

The Director of Public Prosecutions is opposing a legal costs application by Gerard Hutch following his acquittal of the murder of Kinahan gang member David Byrne at Dublin’s Regency Hotel.

The three-judge Special Criminal Court (SCC) has fixed Friday to hear the application for costs sought by Mr Hutch’s lawyers, estimated at a substantial six-figure sum.

The trial ran for 52 days. Mr Hutch, who was not on legal aid, was represented by senior counsel Brendan Grehan and barrister Michael D Hourigan, instructed by Ferrys Solicitors.

Also on Friday, the non-jury SCC will impose sentences on two men convicted on charges concerning the provision of getaway vehicles for the Regency attack on February 5th, 2016, during which David Byrne was shot dead.

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In their judgment of April 17th, Ms Justice Tara Burns, Judge Sarah Berkeley and Judge Gráinne Malone were satisfied beyond reasonable doubt the attack was orchestrated by the Hutch criminal organisation.

The court acquitted Mr Hutch of the murder charge and convicted Paul Murphy (61), of Cherry Avenue, Swords, and Jason Bonney (52), of Druimnigh Woods, Portmarnock, Dublin, guilty of facilitating the attack by providing getaway vehicles.

It found that Murphy, knowing of the existence of the Hutch criminal organisation, provided access to his Toyota Avensis taxi at St Vincent’s GAA club on February 5th, 2016, intending to facilitate the commission of a serious offence by the Hutches.

In relation to Bonney, it was satisfied beyond reasonable doubt he was the sole driver of a black BMW jeep on February 5th, 2016, and, knowing of the existence of the Hutch criminal organisation, he provided access to that vehicle at St Vincent’s GAA cub car park intending to facilitate the commission of a serious offence by the Hutches.

On Monday, garda witnesses agreed before the SCC that Bonney and Murphy were “not on the Garda radar” prior to the Regency attack.

John Fitzgerald SC, for Bonney, aged 52, said he has no previous convictions and had worked hard all his life from the age of 14. He had set up his own building company which employed 10 people before it ran into difficulties as a result of the collapse of the so-called Celtic Tiger property boom.

Bonney is a family man and a community worker and this offence was “an isolated incident”, counsel said.

He read several letters from people who know Bonney, including from a man who grew up as a child in care but was adopted by the Bonney family after he became friendly with a son of Bonney’s. The man said Bonney was someone with “a huge heart” who had always been there for him.

In other letters, Bonney was described as a kind and generous man and community volunteer who encouraged young people to stay away from the streets and drugs. A former champion boxer at national and international level, he was heavily involved on a voluntary basis in the local boxing club, the court was told.

In relation to Murphy, aged 61, the court heard he is a father of five who grew up in the inner city and was one of 11 children who left school after primary level.

The court heard a Christopher Ryan had changed his name by deed poll to Paul Murphy in 1987. Between Ryan/Murphy, there were 67 previous convictions for minor road traffic, public order, criminal damage and larceny offences.

Bernard Condon SC, for Murphy, said some of his offences date back 50 years and his age was at the older end of the scale of people before the SCC. Murphy had worked in shops, pubs and restaurants and security before working as a taxi driver, counsel said.

Mr Condon said the evidence was that Murphy was a taxi man who had come across people who were “family members of people involved heavily in this gang”. His offence should be seen at the lower end, attracting a sentence of perhaps eight years, counsel submitted.

When Mr Hutch’s costs application was then raised, Sean Gillane SC, for the DPP, said it will be opposed.

Mr Gillane, asked whether the costs matter could proceed on Monday, said he was awaiting an internal submission to be clear on the DPP’s position. Mr Grehan, for Mr Hutch, said submissions on costs had been provided and he too was under the impression the costs matter was for mention only on Monday.

Ms Justice Burns fixed the costs matter for Friday.