The Special Criminal Court has been told that garda evidence identifying Patrick Hutch as the man dressed as a woman at the murder of David Byrne at the Regency Hotel in February 2016 is "sullied", "tainted" and "inadmissible".

Counsel for the defence was making a submission in a voir dire - a trial within a trial - to determine whether the evidence should be allowed.

Two detectives, Fergal O’Flaherty and Jonathan Brady, said they recognised Patrick Hutch wearing a wig, a dark coat and high heels in a photograph taken after the murder.

They told the court that they identified the 25-year-old after they were shown the image at Ballymun Garda Station.

However, senior counsel Michael O'Higgins said what happened in that room was the "antithesis of how an identification should occur", because both officers were in the room at the outset.

He described it as "unsatisfactory," "a flawed process" and "a dog’s dinner" and said there were no contemporaneous notes taken of the identification.

Mr O'Higgins also raised questions about the similarity of the two men’s statements, asking "is it garda speak or is there another explanation".

He also said it could not be ignored that "the Hutches were in the frame from the get go".

It is the prosecution's case that Patrick Hutch was the man dressed as a woman at the Regency that day, and that while he did not shoot Mr Byrne, he was part of a "shared intention" to commit the offence.

Mr Hutch has pleaded not guilty to murder and related firearms charges.

Earlier, four gardaí who have had dealings with Mr Hutch testified that they did not recognise him when they were shown the picture of the man dressed as a woman.

Garda Paul Caffrey, a juvenile liason officer, said he attended the funeral of Patrick's brother, Gary Hutch, in September 2015 and shook hands with him there.

The former Dublin football manager said he did not identify him from the photograph.

Detective Garda Kevin Keyes said he has spent the vast majority of his 26 years in the force in Dublin's north inner city.

He said Patrick Hutch's brothers, Gary and Derek, would have been "on my radar" but Patrick would not have been.

However, he did visit him in hospital in August 2014 when he had been shot in the leg.

The court has already heard that Patrick Hutch has no previous convictions.

Detective Keyes said he was shown the photograph but "was not in a position" to make an identification of either the man dressed as a woman or the man with the flat cap.

Garda Flaherty also told the court that he arrested and interviewed Patrick Hutch in September 2011.

He said he saw the photograph at Coolock Garda Station and did not identify anyone.

Garda Caitriona Brody said she saw Patrick Hutch move away from gardaí as they approached a group of people at the Rory O'Connor flat complex in 2014.

She was also shown the photograph but did not identify anyone.

Defence Counsel will continue his submission tomorrow.