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Gerry Hutch slipped through first arrest effort by Spanish police

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The police raid resulting in the arrest of Gerry Hutch in southern Spain on Thursday was the second time a specialist unit there had tried to move against the Dubliner.

However, though gardaí expected Mr Hutch to be detained earlier this year, the Spanish authorities were not successful on that occasion.

The 58-year-old left Ireland 5½ years ago as the Kinahan-Hutch feud erupted in Dublin and gardaí believe he has spent most of his time since then in Spain, while also travelling to other European countries.

While his whereabouts were unknown to gardaí for long periods during that time, his extradition to Ireland could not have been attempted until the Director of Public Prosecutions (DPP) approved criminal charges against him earlier this year. Once those charges were approved and a European arrest warranted issued, and circulated among European police forces, has status changed and an active search for him began.

He had been traced to Fuengirola in southern Spain and was under close surveillance earlier this year with a view to his arrest taking place then. However, he was not detained at that time as he left the area, apparently for Eastern Europe and in a bid to evade capture. More recently he returned to Fuengirola, where he was being monitored by police.

This week saw the level of surveillance stepped up and culminated in his arrest on Thursday evening in Fuengirola. He was detained by armed officers from El Equipo de Huidos de la Unidad Central Operativa (UCO) – the “escape team of the central operative unit” – of the Guardia Civil at a location close to a property where he had been staying.

The Dubliner is likely to be held in prison in Madrid until he is extradited back to the Republic to face charges already approved by the DPP, though he can fight the extradition process and was expected to do so.

While senior Garda officers in Dublin welcomed his arrest, they told The Irish Times a protracted legal process was likely before Mr Hutch was brought before the courts in Dublin. He is wanted to face charges relating to the gun attack on a boxing tournament weigh-in at the Regency Hotel, north Dublin, in February, 2016, during which one man was fatally shot and several others were wounded.

Case

Garda sources said the death of the senior officer who formerly led the investigation into the Regency attack may complicate the case against Mr Hutch. Det Supt Colm Fox was found dead at Ballymun Garda station on February 10th, 2018. His official firearm was recovered at the scene. Foul play was not suspected.

A previous trial at the Special Criminal Court collapsed after the death of Mr Fox. On that occasion Mr Hutch’s nephew – Patrick Hutch (28), Champion’s Ave, Dublin 1 – was on trial for the murder of the man shot dead during the Regency attack; David Byrne (34), Crumlin, Dublin. And now Gerry Hutch is wanted in the Republic to face charges over that attack, though he is not suspected of being one of the gunmen on the day.

Gerry Hutch is originally from Dublin’s north inner city but later settled with his wife and children in the middle class suburb of Clontarf. He was regarded as the main mover behind the robbery of £1.7 million from a Securicor van in Marino Mart, in north Dublin, in 1987.

He is also the prime suspect for the Brinks Allied depot robbery in Clonshaugh, also in north Dublin, in which £3 million was stolen in 1995. He has denied involvement in both crimes and was never convicted in relation to them.

His nephew, Gary Hutch, became a member of the Kinahan drug dealing cartel before falling out with the cartel’s leadership in 2015. He then tried to shoot dead Daniel Kinahan, the man named by the Criminal Assets Bureau in the High Court as the cartel’s leader.

Gary Hutch botched that murder attempt on Daniel Kinahan in Spain six years ago and was himself shot dead in that country in September, 2015. The attack on the boxing tournament weigh-in at the Regency Hotel almost six months later, during which Kinahan was the prime target, was regarded as revenge for the Gary Hutch murder. And once that attack occurred, the Kinahan-Hutch feud erupted. It has claimed 18 lives to date, though there have been no killings for almost three years.

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Property investors offended by ‘vulture funds’ label, conference hears

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People in Ireland need to stop calling property investment firms “vulture funds” and development and building rules need to stop changing if the housing crisis is to be solved, property and banking sector representatives have said.

Marie Hunt, executive director of research at real estate firm CBRE, told an Irish Council for Social Housing conference that the “fundamental problem” in the Irish housing market “is a lack of supply”.

She said bureaucracy and regularly changing public policy were also issues, noting the political discussion this week about potentially changing the link between rent and inflation because prices were rising.

Ms Hunt said investors were not going to come into a market where the rules kept changing halfway through the game.

She said that calling investors “vulture funds” was unhelpful and that name calling “in the media” should stop.

“We need that capital and we need that investment.”

She said investors who bought a nursing home or an office block were welcomed but that those who bought housing received very negative publicity “and they don’t need that”.

Take interest elsewhere

Pat O’Sullivan, head of real estate research at AIB, said policy changes were problematic and that the term “vulture fund” was offensive to investors, who could take their interest elsewhere.

He said Ireland isn’t the only economy that requires funding and “we have got to be very careful about the amount of changes we make to policy, how we describe the investment”.

Ms Hunt said that from a developer’s perspective, many housing schemes were not viable due to high construction and “input” costs and “because we have raised the bar so high in terms of the planning regime and design requirements”.

She instanced the judicial review process, which has been used to bring challenges to fast-track strategic planning developments, as another problem. Ms Hunt said “anecdotally” developers were hiring senior counsel and barristers ahead of planners and architects, such was the level of challenges.

The conference continues on Thursday.

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Should the developer pay for my drive’s missing dropped kerb?

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PROPERTY CLINIC: I bought a house with a drive that the developer never got a dropped kerb for, who is responsible for paying for one?

  • You have approached your local council about it paying for your kerb to be fixed 
  • The developer was issued with guidance by the local council to drop the kerb
  • No work has been carried out and the kerb needs to be dropped 










I bought a property that has a driveway without a dropped kerb. It is uncomfortable every time I drive over it. When I approached my local council about getting it fixed, it said the developer was under no obligation to drop the kerb. 

The council said I would have to apply for a licence to get it dropped. That licence costs £222.35. 

I will also have to pay for the work to be carried out. Is there anything I can do about this and why are developers allowed to build homes without dropped kerbs? MT

Parking space is at a premium and many want a drive, but you'll need a dropped kerb too

Parking space is at a premium and many want a drive, but you’ll need a dropped kerb too

MailOnline Property expert Myra Butterworth replies: Parking spaces are becoming highly desirable in many areas, as on-street parking restrictions proliferate.

Your developer was issued with guidance by the local council to drop the kerb. However, the local council in this case has confirmed that there is nothing in planning consent or elsewhere that required the developer to drop the kerb. 

Unfortunately, you have no claim against the original developer or the person from whom you bought the property. And so you will now need to apply to your local council for the kerb to be dropped.

Research by Direct Line found that during the past three years there has been a rise in the number of requests for dropped kerbs received by local councils amid an increasing demand for parking spaces.

Between April 2018 and March 2019, councils received an estimated 14,500 planning requests for dropped kerbs, rising to 14,700 between April 2020 and March 2021.

Stephen Gold, a retired judge and author, explained: Your local council is correct. In fact, it is sometimes necessary to also obtain planning permission for the construction of a dropped kerb: For example, if the kerb would be on a classified road or in a conservation area.

The fact that the all-clear has been given in the past to neighbouring properties for a dropped kerb is no guarantee that you will be as lucky because of changes in engineering standards and improvements in design. You may also be refused where, say, your property is on a bend or at a road junction or close to traffic lights.

The property was sold as it was, with no dropped kerb

The property was sold as it was, with no dropped kerb

You have no claim against the original developer or the person from whom you bought the property. 

The property was sold to you as it was: One driveway and no dropped kerb which would have been obvious, so you got what you bargained for. 

You would or should have contemplated that a drive from the property over the pavement might be an uncomfortable exercise. Had your seller agreed to bear the cost of construction of the kerb and associated expenses, the position would have been different.

But assuming that you bought with the help of a mortgage, the property would have been inspected by a valuer or surveyed on behalf of the mortgage lender and you may have organised your own private survey. 

If the process and expense of getting the all-clear for a dropped kerb was not raised in the inspection or survey report then you would have an arguable – although not a strong – claim against the report’s author or their employer. 

After all, section 184 of the Highways Act 1980 makes it an offence to drive over the pavement to get out of your property when the local authority has prohibited you from doing so in view of the absence of a dropped kerb and so this would have been an important matter.

You would have up to six years from the report to start what could be a county court ‘small claim’. You would be well advised to send details of the claim to whoever reported with a threat of proceedings if they do not pay up. If the claim is rejected by them, assess whether to take the matter further when you have the benefit of knowing why they assert they are not liable to you. 

Even making a small claims carries risks. You won’t get back the court fees if you lose and may have to pay the winner’s expenses for travel and loss of earnings in being at court.

  • Stephen Gold is the author of ‘The Return of Breaking Law’, published by Bath Publishing

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At the Ryder Cup, would 12 divided by three equal victory for the US?

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“Pod” is not a golf word. And yet it has been on the tongue of nearly everyone in the golf community during the past, tense days before this week’s Ryder Cup, the biennial, pressure-packed team competition between American and European pro golfers that begins Friday.

Paul Azinger, the American Ryder Cup captain in 2008 and a former PGA Tour pro, deserves the credit, or the blame, for injecting “pod” into the golf vernacular. Thirteen years ago, after learning that Navy Seal units bonded by training and living together in small, carefully selected platoons, Azinger decided he would divide his 12-man team into three four-man units before that year’s Ryder Cup. The hope was that a finite, close-knit group could match the unity exhibited by Europe’s triumphant teams.

Called the pod system, Azinger’s four-man corps were chosen after each player took a personality test. Grouped together based on compatibility, the players did almost everything together before the Ryder Cup matches – practice rounds, meals, nightly table tennis games. When the competition started, they were paired together in matches and routed the Europeans to claim the first US victory in nine years and just the second since 1993. Azinger was celebrated for his innovation.

But in a show of the stubborn individualism that may be hampering the overall American Ryder Cup effort, the US captains who succeeded Azinger rejected or diluted his approach. Only one of those teams won, in 2016, when Davis Love III embraced the pod system.

‘Good concept’

At other team competitions in professional golf, including the Solheim Cup, which pits women’s golfers from the United States against those from Europe, leaders chose to adopt Azinger’s model with success and failure. Last month, the American Solheim Cup captain, Pat Hurst, implemented the pod system and her team lost, 15-13.

Even Azinger, now an analyst for NBC, has questioned the current efficacy of his idea. “The way I did it wouldn’t even work today, to be honest, even though the concept was good,” he said last week. “I just think the pods, they don’t work all the time. We keep getting beat. If everybody’s still using the pods, pods isn’t the answer. It’s something bigger than that.”

The pod debate has not stopped or impeded the discussion about the best way to replicate Azinger’s success on the American side. In the run-up to the event, the overarching intrigue is how Steve Stricker, this year’s US captain, will make up the two-man partnerships he sends out for the 16 matches against Europe’s two-man teams on Friday and Saturday. (On Sunday, the Ryder Cup concludes with 12 one-on-one singles matches.)

The American hand-wringing about their player pairings has generally been a source of quiet amusement for the European squad. Devising the pairings on their team is rarely controversial or the product of profound, multilayered planning. Players often form natural partnerships based on which European country they represent.

“The Europeans are bonded by blood, which means everything to them,” Azinger said. “The Spaniards play together. The Englishmen, the Irishmen, the Swedes, they’re bonded by something that really gives them a full-blown 1 per cent advantage.” Azinger said a 1 per cent advantage may not seem like much, but in the three days of a Ryder Cup competition, more than 4,000 shots are likely to be put in play. A 40-stroke swing, or 1 per cent, could conceivably decide a couple of matches, where one point is awarded for each victory and half a point for a tie. Europe has won nine of the past 12 Ryder Cups, but on four occasions the margin of victory was a single point.

Seizing on that 1 per cent edge, Azinger said of the Europeans: “They bring an intangible with them. It’s a fact.” Outside the golf world, there may be some precedent to explain how the European team’s geographic make-up improves its Ryder Cup results. Some of the strongest, most effective troops during the second World War were soldiers assembled from the same town or village, according to Charline Russo, a senior lecturer in organisational dynamics at the University of Pennsylvania and a consultant on executive coaching and team development.

“It wasn’t just because they grew up together, there was also that accountability factor,” Russo said. “You didn’t want to go home and admit that you screwed up.” Russo, who has a PhD in organisational leadership, has a deep familiarity with the personality tests that Azinger used 13 years ago.

Cautioned

Stricker, who was on the 2008 team, last week conceded that he would employ a variety of tactics to devise his pairings, although he declined to be specific on whether he would use the pod system. Russo said the assessments could be valuable tools, but cautioned, “You need somebody who knows what they’re doing with it because these things can be dangerous.” Azinger, for example, consulted at length with a clinical psychologist.

It may be even more difficult if Brooks Koepka, who qualified for the team but injured his wrist last month, is healthy enough to play. Koepka and his American team-mate Bryson DeChambeau have spent most of this year feuding on social media. Stricker has asked the two men to put aside their differences during the Ryder Cup, and each player has been discreet of late, but do not expect Koepka and DeChambeau to be paired for a match, or even assigned to the same pod – if there is a pod system.

Justin Leonard, who was a member of several American Ryder Cup teams including the 2008 squad, said that keeping Koepka and DeChambeau apart should be “real easy”, especially if the players are in pods. “We ate breakfast together, we ate dinner together, we played our practice rounds together, and when we were in the same room with the whole team, we sat at a table together,” Leonard said of 2008, adding that the arrangement provided a level of comfort because there were no surprises when the pairings were announced.

Additionally, Leonard, who is now an NBC golf analyst, said he expected the pod system to return for the Americans this week because Phil Mickelson, who was on the 2008 team, is a non-paying vice captain to Stricker. “Phil Mickelson was a big proponent of the pods,” Leonard said. “He loved that system. Him being a vice captain, I feel fairly confident that we’ll see something similar to that.” Azinger said he did not have a clue how Stricker might proceed. “I don’t know what’s he’s doing,” Azinger said. “He’s not told me.”

– This article first appeared in the New York Times

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