A hitman found guilty of shooting drugs cartel target James ‘Mago’ Gately will be sentenced by the non-jury Special Criminal Court next month along with an accomplice.
Mr Gately, who was a Kinahan cartel target, was shot five times as he sat in his car at the Topaz filling station on the Clonshaugh Road in north Dublin at lunchtime on May 10th, 2017.
The victim, who had been warned by gardaí of the threat to his life and wore a bullet-proof vest, sustained injuries to his upper chest and neck but survived.
Caolan Smyth (29), of Cuileann Court, Donore, Co Meath, had pleaded not guilty to Mr Gately’s attempted murder. He had also denied the possession of a firearm with intent to endanger on the same date and location. He was found guilty of both charges on January 5th.
Gary McAreavey (53), of Gort Nua, Station Road, Castlebellingham, Co Louth, had pleaded not guilty to acting to ‘impede an apprehension or prosecution by purchasing petrol and assisting in the burning out of a black Lexus used in the attempted murder at Newrath, Dromiskin, Co Louth on the same day.
The prosecution had argued there was “no other conclusion” than Smyth being the man who “pulled the trigger”, while the court also heard he had put Mr Gately under surveillance the day before and on the morning of the shooting.
Beyond reasonable doubt
The Special Criminal Court found it was beyond any reasonable doubt that Smyth was both the gunman and the driver in an “organised murder” attempt.
The attack marked the second attempt to murder Mr Gately, with former Estonian separatist Imre Arakas having been intercepted by gardaí before he could carry out a hit on him one month earlier.
Arakas (62) was jailed by the Special Criminal Court for six years in December 2018, after he admitted to conspiring with others to murder James Gately in Northern Ireland between April 3rd and 4th, 2017.
Prosecuting barrister Anne-Marie Lawlor SC said the maximum sentence Smyth was facing was life imprisonment and McAreavey faced a maximum of 10 years.
Det Garda Finbar Fleming of Santry Garda Station told Ms Lawlor that Smyth had 36 previous convictions stretching back to 2012 including for burglary and possession of stolen property.
Det Garda Fleming said Mr Gately did assist in the investigation but did not give evidence and did not want to give a victim impact statement.
Det Garda Kevin Rooney of Santry Garda station told Ms Lawlor that McAreavey had two previous convictions — one for public order and one for the reckless discharge of a legally-held firearm, which was later surrendered to gardaí.
No evidence
McAreavey’s barrister, Hugh Hartnett SC, said there was no evidence of his client being involved in any criminal behaviour prior to the attempted murder on the day in question. Mr Justice Hunt agreed.
Mr Hartnett said that McAreavey was a family man, a father of three, a good neighbour. Mr Hartnett said testimonies to McAreavey’s good and “trustworthy” character were handed into the court and that he had been fully compliant with gardaí during his time on bail.
Mr Hartnett said it was not presented in evidence that McAreavey knew what the crime committed by Smyth was when his client assisted in burning out the car.
“What jury could accept that there was something trivial here? None,” Mr Justice Hunt replied.
John D Fitzgerald SC, defending Smyth, said his client’s parents had separated when he was a child and that Smyth’s direction in life was guided by his grandfather, who passed away in 2017.
Smyth, who grew up in Coolock in Dublin, moved to Louth aged 12 and left school after completing his Junior Certificate. Counsel said Smyth had a good work record in construction, retail and security and had been an all-Ireland boxing champion at underage level.
Mr Fitzgerald said that there was no aggravating factor against Smyth in the form of a victim impact statement from Mr Gately.
“Yes, strange but true,” said Mr Justice Hunt of the lack of the statement.
Mr Justice Hunt adjourned the case until February 17th to consider sentencing. McAreavey and Smyth were both remanded in custody to that date.