Gerard Hutch will not be taking the witness stand in the Special Criminal Court to give evidence in his own defence, the Special Criminal Court has been told this morning.
The 59-year-old from the Paddocks in Clontarf in Dublin has pleaded not guilty to the murder of Kinahan gangster David Byrne, who was shot dead at the Regency Hotel almost seven years ago.
The prosecution has submitted all its evidence to the three judges and has now closed its case.
Mr Hutch's defence counsel Brendan Grehan said Mr Hutch would not be going into evidence.
Two other men, 61-year-old Paul Murphy from Cherry Avenue in Swords, Dublin, and 52-year-old Jason Bonney, from Drumnigh Wood in Portmarnock, Dublin, have pleaded not guilty to helping a criminal gang commit the murder by providing motor vehicles.
The case has now adjourned to allow Mr Bonney’s defence counsel John Fitzgerald to consult with him after a document was disclosed by the prosecution, which the State says is statutory rebuttal evidence.
Mr Murphy’s defence counsel Bernard Condon said he would also now be making a submission on the jurisdiction of the court.
Earlier, the court ruled that Automatic Number Plate Recognition (ANPR) evidence for the prosecution was not admissible.
Witness gives evidence in Bonney defence
Jason Bonney's defence against a charge of helping a criminal gang murder David Byrne at the Regency Hotel has begun.
Defence witness Julie Mc Glynn took the stand and said she has known Jason Bonney "30 odd years".
She said that on 5 February, 2016 when the murder took place, she was in her mother's house in Newbrook Avenue organising a birthday party for her 13-year-old son.
She said she was there from earlier that morning and both Jason Bonney and his father Willie, whom she also knew called in. She said they both left at around 11.30am and she saw Jason go back to the site across the road and Willie jump in to the BMW jeep.
She said it was definitely that jeep because her sister has the same jeep.
It is the prosecution's case that Jason Bonney was driving the BMW jeep that day and that it was used to take one of the gunmen, Kevin 'flat cap’ Murray away from the scene after the murder of David Byrne.
However, Ms Mc Glynn has testified that she saw Jason Bonney at around 2.50pm that day after she had collected her children from the school bus. She said she was annoyed with him because his truck was blocking her driveway when she got back and he came over and apologised.
"I was giving out," she said because the cars and trucks from the site across the road where Jason Bonney was working regularly blocked her driveway. However, she said that Jason Bonney "gave the kid a tenner for his birthday, and that shut me up".
She said she was certain the conversation took place at 2.50pm "Oh definitely, cos I collected the kids from the bus," she said.
Earlier, the Special Criminal Court ruled it can try Paul Murphy for the offence of helping a criminal gang commit the murder of David Byrne.
It rejected a submission on the jurisdiction of the court by Murphy’s defence counsel Bernard Condon who then told the judges he would not be going in to any defence evidence.
Mr Condon also said that Paul Murphy will not take the stand and testify in his defence.
Prosecuting counsel Sean Gillane is now cross-examining Ms Mc Glynn on her evidence.
Jason Bonney has pleaded not guilty.
A second defence witness has testified that he saw Jason Bonney's late father driving a jeep on the day of the Regency murder which the prosecution says was used to bring one of the gunmen away from the scene.
Peter Tyrell said he knew both William and Jason Bonney from their involvement in boxing at a leisure centre where he was chairman.
He said he was not on good terms with either of them and was involved in a civil dispute with them over the ownership of the club which went to the High Court in 2015.
He said he was driving from Coolock to his home in Artane shortly after the murder on 5 February, 2016 when a black jeep came up behind very close to his car.
He said he looked in the mirror and recognised Willie Bonney as the driver. He said he drove into his front driveway and the jeep drove on.
Mr Tyrell said Willie Bonney was wearing glasses.
Earlier, the first defence witness Julie Mc Glynn denied she was lying when she testified that she also saw Willie Bonney drive the jeep that day.
"I'm telling you it is true, definitely true," she told prosecuting counsel Sean Gillane.
The trial continues tomorrow.