Courts / Dublin / Report

'Musical chairs' between Gately accused and prosecution case, defence say

Summary

The Special Criminal Court heard closing submissions in the trial of Caolan Smyth and Gary McAreavey, who have both pleaded not guilty to charges related to the attempted murder of James Gately. Mr. Smyth is accused of the attempted murder and possessing a firearm with intent to endanger at the Topaz filling station in north Dublin on May 10, 2017. Mr. McAreavey is accused of impeding apprehension by assisting in the burning of the vehicle used in the attack at Newrath, Co Louth. Defence counsel John D Fitzgerald SC argued that the prosecution's circumstantial case relies on a "musical chairs" of shifting associations between the accused, a black Lexus, a mobile phone, and a Louth address. He contended that evidence linking Mr. Smyth to the car, phone, or his home on the morning of the shooting was speculative and lacked clear identification. Conversely, the prosecution maintained that Mr. Smyth was identifiable in CCTV footage and had conducted a "rehearsal" the day before the shooting. The trial, presided over by Mr Justice Tony Hunt, is in its fourth week. The matter was adjourned to allow Mr. McAreavey's counsel to deliver his closing speech.

Who, what, where, when and why

What: Report matter: 'Musical chairs' between Gately accused and prosecution case, defence say. 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: charge_or_pretrial

When:

• May 10, 2017 Hearing Or Sentence
• May 10 Hearing Or Sentence
• May 9 Hearing Or Sentence
• May 12 Hearing Or Sentence
• April 2017 Hearing Or Sentence
• April 17 Hearing Or Sentence
• April 26 Hearing Or Sentence
• May 2017 Hearing Or Sentence
• 2020-11-04 Publication

Case subjects

Places mentioned

Topics

Stage Charge Or Pretrial Violent Crime

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Read the original CNI report