Permission to deploy a garda bugging device that secretly recorded Gerard Hutch and Jonathan Dowdall talking was sought under 'a culture of secrecy', a defence lawyer has told a Dublin court
Permission to deploy a garda bugging device that secretly recorded Gerard Hutch and Jonathan Dowdall talking was sought under "a culture of secrecy", a Dublin court has heard.
The Special Criminal Court was previously told the murder of David Byrne, 33, at the Regency Airport Hotel, was carried out execution-style as part of the Hutch-Kinahan gang feud. A barrister told the non-jury court that "on its face" there had been an illegal operation of the Criminal Justice Surveillance Act.He said the prosecution was trying to "wheel the evidence in" which "extended beyond the territorial boundaries".
He said police were obliged to tell the judge that he had already approved the deployment of a tracker and logging device on Mr Dowdall's vehicle 36 hours earlier before asking him to deploy a third device on it.Counsel submitted that there had been a "very great failure to disclose information" in this case, which had created a "huge imbalance of information" between the applicant and the judge.
He outlined that a duty of candour involves "not just what is not said but what is said that misleads".
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