Jonathan Dowdall is now useless to the Garda and DPP as a future witness though the State is still left with a security challenge that may continue for years, Garda sources say.
On Monday, Gerard Hutch (60) was acquitted by the Special Criminal Court of the 2016 murder of David Byrne at the Regency Hotel in Dublin. The three-judge court did not believe Dowdall’s evidence and concluded he lied.
The State’s case largely depended on testimony by Dowdall (44), who has known the Hutch family since he was a child. Dowdall also played a role in supporting the gang behind the Regency attack, by reserving a room at the hotel used by one of the gunmen.
Had the Special Criminal Court concluded Dowdall was an honest and reliable witness, despite his criminal record and past history of lying, Garda sources said it was hoped he could be used as a star witness again to prosecute other people for their role in the Regency attack, which involved at least 12 conspirators.
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However, Garda sources it was now clear using Dowdall as a witness again would only damage, rather than bolster, any future prosecutions. The same sources said Dowdall was a target of the Hutch gang because of the evidence he gave and would remain under threat for decades. Because of that, the State had an obligation to ensure neither he nor his family were harmed.
That responsibility would lessen if Dowdall was relocated abroad, with his wife and younger children, as part of the witness protection programme, gardaí said.
But senior officers said even if Dowdall relocated abroad under the witness protection programme, his wife and younger children would have to remain under armed Garda protection until more of his sentence was served and he could be sent with them to another jurisdiction.
It is expected his older children, one of whom is aged 25, and his parents will not enter the witness protection programme, meaning some form of security plan will be required for them in Dublin the years ahead.
The Garda sources added while the current and future security around the Dowdalls was set to prove labour intensive and very expensive, Jonathan Dowdall had rendered himself of no use to the Garda and DPP in their efforts to charge more suspects with the murder of Byrne.
“We’re left with all the downside of having a high-profile (State’s) witness, we have all the risk that comes with it. But there’s none of the upside because you just couldn’t produce him again as a witness in court,” said one officer who has been involved in the policing of the Kinahan-Hutch feud.