An important prosecution witness told gardaí she was "not really 100 per cent" sure about her identification of one of the gunmen who carried out the shooting of a nephew of Gerry 'The Monk' Hutch, the Special Criminal Court has heard.
Lawyers for Thomas McConnell will challenge the evidence of Mary McDonnell, a protection witness whose evidence previously played a significant role in the conviction of two men and a woman for the murder of Gareth Hutch.
The prosecution alleges that Mr McConnell and Jonathan Keogh planned the murder and used Ms McDonnell's apartment to watch Gareth Hutch's apartment before ambushing him and shooting him dead.
Pat McGrath SC, for Mr McConnell, told the court that gardaí showed Ms McDonnell CCTV footage of Keogh, who has been convicted of the murder, in a newsagents on the day prior to the shooting with a man alleged to be Mr McConnell.
Ms McDonnell was able to recognise Keogh because she knew him, but told gardaí she did not know the other man's name. She identified the second man on the footage as the man who carried out the shooting with Keogh, saying she would "know by his square face".
Gardaí asked how sure she was and she replied that she was "not really 100 per cent", adding she "could be half-and-half".
The court is now hearing evidence relating to how Ms McDonnell came to be a prosecution witness and how she came to give a statement to gardaí in which she is alleged to have identified or recognised Mr McConnell.
In challenging Ms McDonnell's evidence, Mr McGrath said he would be relying on the procedures adopted by gardaí leading up to Ms McDonnell's alleged identification and the degree of certainty she showed.
In her opening address, Fiona Murphy SC, for the Director of Public Prosecutions, said Ms McDonnell will be an important witness in the trial.
Mr McConnell (37), of Sillogue Gardens, Ballymun, Dublin 11, has pleaded not guilty to the murder of Gareth Hutch (36) on May 24th, 2016, at Avondale House, North Cumberland Street, Dublin 1.
In November 2018, the Special Criminal Court found Regina Keogh, of Cumberland St North, Dublin 1, Jonathan Keogh, of Gloucester Place, Dublin 1, and Thomas Fox (31), of Rutland Court, Dublin 1, guilty of the murder of Mr Hutch.
Fox was also convicted of unlawfully possessing a Makarov 9mm handgun on May 23rd, 2016, at the same location.
The trial continues before Mr Justice Alex Owens, Judge Elma Sheahan and Judge David McHugh.
