Gerry Hutch and former Sinn Féin councilor Jonathan Dowdall cannot apply to have their murder charges dismissed.
The two men are due to stand trial later this year, charged with the murder of Kinahan employee David Byrne at the Regency Hotel in 2016.
They had tried to drop the charges, under Section 4E of the Criminal Procedure Act of 1967, because there was insufficient case to bring them to trial.
However, the Special Criminal Court first had to determine whether it had jurisdiction to hear the petition.
The State states that the paragraph is clear in its literal sense and is only available to suspects who have been brought before trial.
Since the defendants were charged directly in the non-jury court and were not sent to trial, the prosecutor said they were not subject to the terms of the section.
The defense argued that such an interpretation would lead to unequal and discriminatory treatment of the accused.
Ms Justice Tara Burns, Chair, said today that the literal meaning of Section 4E reflects the intent of the Oireachtas.
This, she said, prohibits an accused person charged directly before the Special Criminal Court from filing a request to have the charges dismissed.
The non-jury judge said she has no jurisdiction in the matter and that it is not appropriate to investigate the matter further.
All five defendants were in court today, as well as Sadie Byrne, David Byrne’s mother.
Following the ruling, Mr Grehan informed the court that he was requesting that certain evidence in the case be declared inadmissible.
He said this evidence is a “major, if not substantial” part of the case brought against Hutch.
Ms Justice Burns said it seems inappropriate to hold a separate hearing on the case given the scope of the application.
The court said the case could be heard in a preliminary hearing and adjourned the case until October 3.
Mr. Hutch and Mr. Dowdall were accompanied by their three co-defendants during the preliminary hearing of the Section 4E request.
Gerry ‘The Monk’ Hutch, 58, of The Paddocks in Clontarf, is charged with the murder of David Byrne at the Regency Hotel on Swords Road in Whitehall on February 5, 2016.
Former Sinn Fein councilor Jonathan Dowdall (43), whose address is in the Navan Road, Cabra, is also charged with the murder of Byrne.
His father Patrick Dowdall (65), also of Navan Road, Jason Bonney (51) of Drumnigh Wood, Portmarnock, Dublin 15, and Paul Murphy (60) of Cherry Avenue in Swords, are each charged with a single offense against Section 72 of the Criminal Justice Act 2006, replaced by Section 6 of the Criminal Justice (Amendment) Act, 2009.