Jonathan Dowdall, the State’s key witness during the trial of Gerard Hutch, has been accepted into witness protection, a decision which will be unaffected by Mr Hutch’s acquittal this week.
The Irish Times has learned that although some logistical matters remain to be worked out, Dowdall (44) has been formally accepted into the Witness Security Programme following an assessment by gardaí.
The decision was taken well before the Special Criminal Court issued its decision on Monday, finding Mr Hutch not guilty of David Byrne’s murder during the 2016 Regency Hotel shooting.
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Much of the State’s case relied on Dowdall’s testimony about Mr Hutch’s alleged involvement in the shooting. Dowdall, a former Sinn Féin councillor, told the court the accused contacted him in a panic several days after the murder and confessed to being one of the men dressed as gardaí who shot Mr Byrne.
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But the judges of the Special Criminal Court largely rejected Dowdall’s evidence and sharply criticised his character and credibility as a witness.
Ms Justice Tara Burns cited Dowdall’s “pattern of lying and alternate character modes” which meant the court had to treat his evidence with “scepticism and extreme care”.
Neither the criticism nor Mr Hutch’s acquittal will have any impact on Dowdall’s admission into the Witness Security Programme, sources have confirmed.
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Dowdall is serving a four-year term for assisting in the Regency attack. On his release, he will almost certainly be relocated abroad by gardaí, most likely to an English-speaking country, and set up with a new identity and livelihood.
The security services in his new home will be responsible for his safety and he will receive limited financial support. Dowdall has been assessed as being under continuing and severe threat from members of the Hutch organised crime group.
Typically, witnesses are formally admitted to the Witness Security Programme before they give evidence. This is to avoid the possibility of them tailoring their evidence to please the prosecution and secure admission into the programme.
However, delays in assessing Dowdall’s suitability meant he gave his evidence last December before a final decision was taken by gardaí. This decision followed in the new year and Dowdall entered the programme and was advised about his rights and responsibilities under the agreement.
“Provided that everything is in place in relation to Jonathan Dowdall being a protectee on the programme, there’s nothing to suggest that this decision should have any effect on the benefits to which Dowdall stands to accrue from the programme itself,” said Aaron Harte-Hughes, a Maynooth University law lecturer and PhD student researching witness protection.
He noted previous cases where the State’s witnesses were still protected by the programme even after their evidence was questioned by the courts, including that of Charles Bowden, a Dublin criminal who gave evidence against John Gilligan’s gang in connection with the murder of journalist Veronica Guerin.
Mr Hutch has remained in Dublin since his acquittal despite expectations he would leave the Republic immediately for Europe due to the threat to his life from the Kinahan cartel.
Garda sources said Mr Hutch (60) made no effort to “hide himself away” and went to some of the locations, to see family members, that he has been associated with for many years. He stayed overnight with family members in north Dublin and was still in the city on Tuesday.
