Murder accused was found unresponsive in his cell, court told

Thomas Fox (31) had presented himself to gardaí four days earlier ‘to clear his name’

A man on trial for the murder of Gareth Hutch was found unresponsive in his cell during his detention by gardaí, the Special Criminal Court has heard.

The court heard that Thomas Fox (31) had presented himself at Mountjoy Garda Station four days previously in an effort "to clear his name".

Also on Monday, the court heard that accused Regina Keogh (41) agreed with gardaí­ that the Hutch family "would have been feared by them all".

Ms Keogh denied she was involved in Mr Hutch’s murder, telling gardaí that she “had no part in it” and was “not losing” her kids for anybody.


Under cross-examination by Séamus Clarke SC, defending Mr Fox, Detective Garda Declan O’Brien of the National Bureau of Criminal Investigations agreed that gardaí arrested Mr Fox on suspicion of murder with a firearm at Mountjoy Garda Station at 7.01pm on May 24, 2016.

The court heard member in charge Sergeant John Reynolds went to Mr Fox’s cell in Mountjoy Garda Station on the afternoon of May 28 and found him unresponsive and lying face down. It was discovered Mr Fox had a ligature around his neck, an ambulance was called and he arrived at the Mater Hospital at 3.15pm that day.

Mr Fox was discharged from hospital later that day and the court heard he would continue to have neck pain over the coming days but this did not prevent him from being questioned further.

Det Gda O’Brien agreed with Mr Clarke that Mr Fox’s next interview commenced at 7.03pm that evening in which he made references to the pressure he was under. Gardaí had a “certain level of sympathy” for Mr Fox, the court heard. Mr Fox’s partner was allowed visit him a number of times over the next few days.

The court previously heard that Mr Fox told gardaí that his co-accused Jonathan Keogh told him he would "get it" if he did not do as Mr Keogh said and that a gun was "pushed into" his hand. Mr Fox said he was "smack-bang" in the middle of Mr Hutch's murder as "someone" had put him there.

Fiona Murphy BL, prosecuting, read the statement of Sgt John Reynolds, who said he was working as the member in charge of Mountjoy Garda Station on May 28. He said he found Mr Fox unresponsive in his cell and lying face down. Sgt Reynolds said the zip of Mr Fox’s jacket was pulled right up, he lowered it and found a ligature. He removed the ligature and established Mr Fox was still breathing. Sgt Reynolds continued to monitor Mr Fox’s breathing until the ambulance arrived.

Sgt Reynolds said Mr Fox returned to Mountjoy Garda Station that day at 4.39pm with a discharge letter from medical staff. He was returned to a cell and received a cigarette and toilet paper. A garda observed him at all times following his return to the cell area.

‘Premeditated murder’

At the opening of the trial, the prosecution told the court that the killing of Mr Hutch was not a spontaneous or spur of the moment act but a “brutal and callous murder”. “It was premeditated and a significant amount of planning had gone into it,” counsel said.

The prosecution say the three co-accused each had their own part to play in bringing about the death of Mr Hutch.

Mr Fox is one of three people accused of murdering Mr Hutch (36), nephew of Gerry “the Monk” Hutch. It is the State’s case that he was instrumental in planning the murder of Mr Hutch.

The prosecution contend that Mr Fox was parked near Avondale House in a white Ford Transit on the morning of the shooting but due to a change of plans the white van was not required.

Mr Hutch was shot dead as he was getting into his car outside Avondale House flats on North Cumberland Street in Dublin on the morning of May 24th 2016. He died as a result of four gun shot injuries.

Mr Fox with an address at Rutland Court, Dublin 1, Regina Keogh (41) from Avondale House, Cumberland Street North, Dublin 1 and Jonathan Keogh (32) of Gloucester Place, Dublin 1, have pleaded not guilty to murdering Mr Hutch.

Mr Fox has also denied unlawfully possessing a Makarov 9 mm handgun on May 23, 2016 at the same place.

The prosecution contend that Mr Keogh threatened to kill Mr Hutch the evening before the shooting, that Mr Fox and Ms Keogh were instrumental in planning the murder, and Mr Keogh and another man, Mr AB, were the shooters.

The trial continues before Mr Justice Tony Hunt, presiding, sitting with Judge Patricia Ryan and Judge Michael Walsh.