JONATHAN Dowdall can give evidence against Gerry ‘The Monk’ Hutch on Monday — despite not officially being accepted into the Witness Protection Programme yet, the Special Criminal Court heard.
Brendan Grehan SC, representing Hutch, said the defence have no objection to him testifying as long as his admittance into the scheme is “separate and distinct and not tied in any way to his performance in the witness box”.
Prosecutor Sean Gillane had told the three judges the “assessment for suitability is ongoing” but it was not from difficulties caused by Dowdall or administrators of the programme.
He said it required reports from external agencies and a review group ultimately made the decision.
These reports might not be prepared until the middle of January, Mr Gillane added.
Counsel added: “In relation to that process, I can confirm that Jonathan Dowdall is a sentenced person within a prison within the State.”
He said he was proposing that the court hears his evidence next week anyway, and has expressed his position to the defence.
Mr Gillane added: “I know this is a decision not usually taken until a person is in the (Witness Protection) Programme.”
Mr Grehan said: “My client is not comforted by the timetable that reports would be available by next month or that it’s a reasonable expectation he’ll be in here by the middle of January.”
After the court broke for a time to allow Hutch to consult with his legal team, Mr Grehan said: “Mr Hutch is anxious for his trial to proceed but not convinced by the timetable.
“I’ve advised him that Jonathan Dowdall’s admittance is separate and distinct and not tied to the evidence that he gives in this trial.”
Ms Justice Burns requested an official from the Witness Protection Programme attend the three-judge court to give evidence on Dowdall’s status.
Mr Gillane said he could have a Detective Superintendent in court on Monday.
The judges adjourned the case until 11am on Monday, when Dowdall will commence giving his evidence.
He is currently serving a four-year sentence after pleading guilty to facilitating David Byrne’s murder.
Hutch, 59, has pleaded not guilty to the murder of David Byrne at the Regency Hotel on February 5, 2016.
His co-accused Paul Murphy, 61, of Cherry Avenue, Swords, Dublin and Jason Bonney, 51, of Drumnigh Wood, Portmarnock, Dublin, have pleaded not guilty to participating in or contributing to the facilitation of Byrne’s murder by providing motor vehicles for a criminal gang.
The trial continues.