A FORMER Sinn Féin councillor who waterboarded and threatened to kill a man who he believed was trying to defraud him, has been granted a hearing to settle disputed evidence in the case.
The Special Criminal Court in Dublin directed that a "Newton hearing" take place today to resolve the conflict on the facts in the case.
While Newton hearings are "extraordinarily rare" the court said it would be permitted in this case in the interests of justice.
Last month, footage recorded on a mobile phone was shown to the court of Jonathan Dowdall (38) wearing a balaclava and holding a tea-towel to the man’s face before pouring water over his head.
The court heard that Dowdall believed the victim, Alexander Hurley, was pretending to be a barrister and that he was seeking Dowdall's bank details in order to defraud him.
The two men had met after Dowdall had advertised a motorbike for sale on donedeal.ie.
Dowdall, with an address at Navan Road, Dublin and his father Patrick Dowdall (59), of the same address, both admitted falsely imprisoning Mr Hurley by detaining him without his consent at an address at Navan Road on January 15 2015.
Both men had also pleaded guilty to threatening to kill Mr Hurley at the same place on the same date.
Sentencing had been due to take place yesterday but was put back ahead of today's Newton hearing.
