The Defence for Gerry Hutch say it would be illegal if gardai utilised a tracker on a vehicle he was in while it was in Northern Ireland.
Hutch, 59, from Clontarf in North Dublin is charged with the murder of Kinahan cartel associate David Byrne, 34, in Dublin’s Regency Hotel on February 5, 2016 - a charge he has plead not guilty to.
Today is the 10th day of the non-jury trial, which is expected to last up to 12 weeks.
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Also before the court are Paul Murphy, 59, of Cherry Avenue, Swords and Jason Bonney, 50, of Drimnagh Wood Portmarnock - who have pleaded not guilty to participating in or contributing to activity that could facilitate the commission of a serious offence — namely the murder of David Byrne — by a criminal organisation by providing access to individual motor vehicles on February 5, 2016.
All three men are on trial before Ms Justice Tara Burns, Judges Sarah Berkeley and Grainne Malone.
And following evidence from a PSNI officer this morning about CCTV footage that was obtained, Defence Counsel Brendan Grehan SC told the court that he wished to make a statement.
Mr Grehan said the Defence was trying to establish “whether a tracker was used” and said “we got no headway on that,” after cross-examining a number of gardai who have taken the stand over the last few days.
He said that if a tracker was “deployed by gardai to be utilised outside the State” then this would be of “great significance,” and it would be his submission that this would be “illegal.”
Mr Grehan said the Defence were trying to establish a number of things - whether a Toyota Land Cruiser that is alleged to have contained Gerry Hutch and Jonathan Dowdall “was followed across the border into Northern Ireland.”
