TOP GARDA 'DIDN'T THINK TRACKING HE DELETED WOULD BE NEEDED FOR COURT'

Hutch's lawyer hits out at decision to destroy records. Regency murder trial told device placed on Dowdall car

- ALISON O'RIORDAN

THE former National Surveillance Unit head did not consult the senior investigating officer on the Regency Hotel probe or the DPP when he destroyed records from a tracker device, the Special Criminal Court has heard.

Former Detective Inspector Ciaran Hoey said he did not believe the records would be used in the prosecution when he ordered their destruction. It happened months before the Regency Hotel murder trial began last month.

The tracking had been deployed on ex-Sinn Fein councillor Jonathan Dowdall's jeep.

Mr Hoey also said tracker evidence had never been previously used in the history of the Surveillance Act.

Hutch's defence lawyer Brendan Grehan SC said he could not understand how Mr Hoey could "in good faith" have made a decision to have potentially relevant evidence to a criminal trial destroyed.

Mr Grehan told the court yesterday that gardai destroyed records from the tracking device that had been placed on Dowdall's Toyota Land Cruiser jeep when he is alleged to have driven murder accused Gerard Hutch north for a meeting with republicans in the aftermath of the shooting.

Counsel said "disturbingly", the notes were destroyed by gardai after his client was arrested and charged with the murder of David Byrne.

The destruction of the tracker records was authorised on February 7 this year.

Mr Grehan said the destruction of these records was a "real problem" and he did not accept the State's assertion it was done in accordance with the Criminal Justice Surveillance Act 2009.