The trial of a man accused of murdering a nephew of Gerard 'The Monk' Hutch, which has been sitting at the Special Criminal Court for over two weeks, must start again after one of the judges has fallen ill.
At a sitting of the three-judge court, 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 re-constituted court on Tuesday morning, which was agreed by both sides.
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.
District Court judge Grainne Malone will now take the place of Judge McHugh and opening speeches will have to be delivered again at 10.30am on Tuesday, 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 on Tuesday.
Mr McConnell is the fourth person to go on trial accused of Gareth Hutch's murder. It is the prosecution's case that Mr McConnell and Jonathan Keogh used Mary McDonnell's nearby apartment to watch Mr 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 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 was due to hear its 12th day of evidence before counsel were informed by Mr Justice Owens of the situation. The trial is now hoped to be concluded by July 31st, which is the end-date of this term of the legal calendar.
On Monday, Patrick McGrath SC, for Mr McConnell, said his client was agreeable to restarting the trial rather than wait for a later date depending on Judge McHugh's availability.
Mr Justice Owens said: "I am convinced we can move this on when we start the trial again. These things happen and I'm not criticising anyone.
"We can simplify a lot of things. Everything can be shorter."
