Trial of man accused of murdering nephew of Gerard Hutch to be reheard after judge falls ill

The trial of a man accused of murdering a nephew of Gerard Hutch, which has been sitting at the Special Criminal Court for over two weeks, must start again as one of the judges of the court has fallen ill.

At a sitting of the three-judge court on Monday, Mr Justice Alex Owens informed the court that Judge David McHugh was unwell and asked the parties if they wished to restart the trial with a reconstituted court on Tuesday morning. Both sides agreed.

The trial of Thomas ‘Nicky’ McConnell had been scheduled for six weeks and began on June 8th.

The three judges of the court had been Judge Elma Sheahan, Judge McHugh and presiding judge Mr Justice Owens.

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District Court Judge Grainne Malone will now take the place of Judge McHugh and opening speeches will have to be delivered again tomorrow at 10.30am, followed by Garda witnesses regarding maps and photographs.

Mr McConnell (37) of Sillogue Gardens, Ballymun, Dublin 11, had pleaded not guilty to the murder of Gareth Hutch (36) on May 24th, 2016, at Avondale House, North Cumberland Street, Dublin 1. Mr McConnell will also have to be arraigned again tomorrow.

Mr McConnell is the fourth person to go on trial accused of the same murder. It is the prosecution’s case that Mr McConnell and Jonathan Keogh used Mary McDonnell’s nearby apartment to watch Gareth Hutch’s home and when he emerged from his front door, they followed him and shot him dead.

In November 2018, the Special Criminal Court found Regina Keogh (46) of Cumberland St North, Dublin 1; Jonathan Keogh (38) with an address at Gloucester Place, Dublin 1; and Thomas Fox (31) with an address at Rutland Court, Dublin 1 guilty of the murder of Mr Hutch.

At the first opening of Mr McConnell’s trial at the non-jury court on June 8th, Fiona Murphy SC said the prosecution’s case is that Jonathan Keogh was with Mr McConnell in Ms McDonnell’s apartment on the morning of the murder. Ms Murphy said it is alleged that Mr McConnell watched Gareth Hutch’s apartment from a window in Ms McDonnell’s home and when Mr Hutch emerged, the accused signalled to Keogh by saying “we’re on”. Ms Murphy has said it is the State’s case that Mr McConnell and Keogh followed Gareth Hutch and shot him multiple times, killing him just a short distance from his front door.

The trial is now hoped to be concluded by July 31st.