Courts / Dublin / Report

Hitman who gunned down Kinahan target found guilty of attempted murder

Date
2021-01-05

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

The Special Criminal Court found Caolan Smyth guilty of attempted murder on Tuesday following the May 2017 shooting of James Gately at a filling station on the Clonshaugh Road in north Dublin. Mr Gately sustained injuries to his upper chest and neck but survived after being forewarned by gardaí and wearing a bullet-proof vest. The three-judge court determined beyond reasonable doubt that Smyth, aged 28 and from Cuileann Court, Donore, County Meath, was both the driver and gunman in the organised attack. Evidence included mobile phone location data, CCTV footage identifying Smyth by distinctive tattoos and clothing, and surveillance of Mr Gately's home the preceding day. Gary McAreavey, aged 52 and from Station Road, Castlebellingham, County Louth, was separately convicted of assisting in the destruction of the black Lexus getaway vehicle at Dromiskin, County Louth. The judge found McAreavey knew of the crime before providing assistance. Both men will return for sentencing on 25 January. Caolan Smyth pleaded not guilty. Gary McAreavey pleaded not guilty.

Who, what, where, when and why

What: Report matter: Hitman who gunned down Kinahan target found guilty of attempted murder. Charges or matters: Mr Gately's attempted murder; acting to 'impede an apprehension or prosecution by purchasing petrol and assisting in the burning out of the vehicle, a black Lexus, used in the attempted murder' at Newrath, Dromiskin, Co Louth on the same day. Procedural stage: sentence

When:

May 10, 2017 Hearing Or Sentence
December 2018 Hearing Or Sentence
April 3 Hearing Or Sentence
May 9 Hearing Or Sentence
May 9, 2017 Hearing Or Sentence
May 10 Other
January 25 Hearing Or Sentence
2021-01-05 Publication

Why: Mr Justice said that he was satisfied beyond reasonable doubt of Smyth's guilt, adding that Mr Gately only survived the attempt because he was "forewarned by gardaí and forearmed by the vest". CNI source report

Case subjects

Caolan Smyth

Convicted Person

Charges: Mr Gately's attempted murder; acting to 'impede an apprehension or prosecution by purchasing petrol and assisting in the burning out of the vehicle, a black Lexus, used in the attempted murder' at Newrath, Dromiskin, Co Louth on the same day (Alleged Or Contested)

Plea: Not guilty

Gary McAreavey

Defendant

Charges: acting to 'impede an apprehension or prosecution by purchasing petrol and assisting in the burning out of the vehicle, a black Lexus, used in the attempted murder' at Newrath, Dromiskin, Co Louth on the same day (Alleged Or Contested)

Plea: Not guilty