Courts / Dublin / Report

Gately accused was 'man who pulled the trigger', State tells trial

Summary

The State has told the Special Criminal Court that Caolan Smyth was the man who "pulled the trigger" in the attempted murder of James Gately at a filling station on the Clonshaugh Road in north Dublin on 10 May 2017. Mr Gately was shot five times whilst sitting in his car and sustained injuries to his upper chest and neck. Mr Smyth, aged 28, from Cuileann Court, Donore, County Meath, has pleaded not guilty to attempted murder and to possessing a firearm with intent to endanger life. His co-accused, Gary McAreavey, aged 52, from Castlebellingham, County Louth, has pleaded not guilty to obstructing justice by assisting in the destruction of the vehicle used in the shooting. Prosecution counsel submitted that CCTV evidence, mobile phone data, and witness identification linked Mr Smyth to a black Lexus used in a stake-out of Mr Gately's home and the subsequent shooting.

Who, what, where, when and why

What: Report matter: Gately accused was 'man who pulled the trigger', State tells trial. Charges or matters: Mr Gately's attempted murder; the possession of a firearm with intent to endanger on the same date and location; acting to 'impede an apprehension or prosecution by purchasing petrol and assisting in the burning out of the vehicle used in the attempted murder' at Newrath, Dromiskin, Co Louth on the same day. Procedural stage: trial

When:

• May 10, 2017 Hearing Or Sentence
• May 9, 2017 Hearing Or Sentence
• May 9 Other
• 2020-11-03 Publication

Why: What the prosecution contend is Mr McAreavey's phone could be connected to him because the number was saved in both his wife's and son's phone and their contacts were saved in the phone. Prosecution account reported by CNI

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report