A man accused of participating in the murder of Kinahan Cartel member David Byrne at the Regency Hotel should have his garda interviews ruled inadmissible as he was not cautioned when he gave his initial statement in "defiance of the law", his barrister has argued at the Special Criminal Court.
However, Sean Gillane SC, prosecuting, said defence counsel John Fitzgerald SC, for Jason Bonney, had "legally overreached" by saying that the failure to caution the accused "flowed into everything else and contaminated everything else".
Gerard Hutch (59), last of The Paddocks, Clontarf, Dublin 3, denies the murder of Mr Byrne (33) during a boxing weigh-in at the Regency Hotel on February 5, 2016.
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Mr Hutch's two co-accused - Paul Murphy (61), of Cherry Avenue, Swords, Co Dublin and Jason Bonney (51), of Drumnigh Wood, Portmarnock, Dublin 13 have pleaded not guilty to participating in or contributing to the murder of Mr Byrne by providing access to motor vehicles on February 5, 2016.
Evidence of the arrests and interviews of Mr Murphy and Mr Bonney have been heard by the three-judge court over the last few days. Submissions were made on Tuesday during a voir dire, or "trial within a trial", to resolve a dispute over the admissibility into evidence of these interviews.
It is the prosecution's case that a silver Ford transit van containing six people left the Regency Hotel after the shooting, including three persons dressed in tactical garda clothing. The raiders then made good their escape by using a number of parked vehicles at St Vincent's GAA club.
Mr Murphy's Toyota Avensis taxi and Mr Bonney's BMW X5 jeep are both alleged to have been part of a convoy that parked up at St Vincent's GAA club grounds before the shooting and then transported the assailants after the Ford transit van was abandoned.
Ms Justice Tara Burns, presiding, sitting with Judge Sarah Berkeley and Judge Grainne Malone will rule on the issue on Monday.
On Tuesday, defence counsel Mr Fitzgerald, for Mr Bonney, argued that when now retired Detective Garda Alan Crummey and his colleague conducted an interview "in a relatively formal way" with the accused in his kitchen on February 21 2016 they should have cautioned him before conducting the "question and answer session".
