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Monday 17 December 2018

Judge says Hutch 'not detained unlawfully'

Accused man Patrick Hutch
Accused man Patrick Hutch

The High Court has dismissed a claim by Patrick Hutch, who is accused of carrying out the Regency Hotel murder of David Byrne, that his detention at Cloverhill Prison is unlawful.

In a ruling yesterday evening, Mr Justice Donald Binchy found that Mr Hutch (below), who is on remand pending the outcome of his trial, was not being detained in a manner that breaches his constitutional rights.

Mr Hutch's lawyers argued his recent transfer from Wheatfield Prison to nearby Cloverhill left him isolated and unable to associate with other prisoners.

Murder

Mr Hutch (25), of Champions Avenue, Dublin 1, has pleaded not guilty before the Special Criminal Court to the murder of Mr Byrne (34) at the former Regency Hotel on February 5, 2016. Mr Hutch also denies unlawful possession of three AK47 assault rifles on the same date. His trial currently stands adjourned.

Giving the court's decision, Mr Justice Binchy said that "for good reasons" Mr Hutch been put on a regime within the prison aimed at ensuring his safety.

He said Mr Hutch's detention could not be classed as being so extreme that his detention could be deemed unlawful.

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