Courts / Dublin / Report

Hitman to be sentenced for trying to murder 'Mago' Gately

Date
2021-01-25

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

A man convicted of attempting to murder a drugs cartel target will be sentenced by the Special Criminal Court next month. Caolan Smyth, aged 29, from County Meath, was found guilty on January 5th of shooting James Gately five times as he sat in his car at a filling station in north Dublin in May 2017. Mr Gately survived the attack with injuries to his chest and neck. Smyth was also convicted of firearms possession with intent to endanger. Gary McAreavey, aged 53, from County Louth, was convicted of assisting in the destruction of the getaway vehicle used in the shooting. The Special Criminal Court determined beyond reasonable doubt that Smyth was the gunman in an organised murder attempt. Evidence included mobile phone data and CCTV identification. Both men have been remanded in custody pending sentencing on February 17th. Smyth faces a maximum sentence of life imprisonment, while McAreavey faces a maximum of ten years. Caolan Smyth pleaded not guilty. Gary McAreavey pleaded not guilty.

Who, what, where, when and why

What: Report matter: Hitman to be sentenced for trying to murder 'Mago' Gately. Charges or matters: Mr Gately's attempted murder; both charges on January 5; 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. Findings: Found guilty

When:

May 10, 2017 Hearing Or Sentence
January 5 Incident
December 2018 Hearing Or Sentence
April 3 Hearing Or Sentence
February 17 Adjournment
May 9 Hearing Or Sentence
2021-01-25 Publication

Case subjects

Caolan Smyth

Convicted Person

Charges: Mr Gately's attempted murder; both charges on January 5; 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 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; Today prosecuting barrister Ms Anne-Marie Lawlor SC said that the maximum Smyth is facing is life imprisonment and McAreavey is facing a maximum of 10 years.; Mr Justice Hunt adjourned the case until February 17 to consider sentencing.

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

Outcome: Today prosecuting barrister Ms Anne-Marie Lawlor SC said that the maximum Smyth is facing is life imprisonment and McAreavey is facing a maximum of 10 years.; Mr Justice Hunt adjourned the case until February 17 to consider sentencing.