Courts / Louth / Report

20 years for conspiracy to murder Kinahan cartel target

Date
2021-02-17

Stage
Sentence

Primary locality
Louth

County
Louth

Summary

The Special Criminal Court has sentenced a man to twenty years imprisonment for his role in an attempted murder conspiracy linked to organised crime. Caolan Smyth, aged twenty-nine, of County Meath, was found guilty in January of attempted murder and firearm offences following an attack on James Gately at a filling station in north Dublin on tenth May two thousand seventeen. The victim was shot five times but survived. Presiding Judge Tony Hunt noted that others were equally or more culpable than Smyth, describing him as ruthless and dangerous. A second defendant, Gary McAreavey, aged fifty-three, of County Louth, received four years imprisonment, with the final year suspended, for his role in burning out the getaway vehicle. The court heard evidence of surveillance, mobile phone tracking, and CCTV footage establishing the conspiracy's organised nature. Judge Hunt acknowledged that fortuitous circumstances alone had spared the victim's life. Gary McAreavey pleaded not guilty. Caolan Smyth pleaded not guilty.

Who, what, where, when and why

What: Report matter: 20 years for conspiracy to murder Kinahan cartel target. Charges or matters: 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; Mr Gately's attempted murder; both charges on January 5. Procedural stage: sentence. Findings: Found guilty

When:

May 10, 2017 Incident
January 5 Incident
December 2018 Hearing Or Sentence
April 3 Hearing Or Sentence
October 2019 Other
January 23 Hearing Or Sentence
January 25 Hearing Or Sentence
May 9 Hearing Or Sentence
May 9, 2017 Hearing Or Sentence
May 10 Other
2021-02-17 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

Defendant

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; After his sentence was passed, Smyth turned to family members in the courtroom and said: "Five World Cups, and I'll be out". Smyth was sentenced to 20 years for the attempted murder and to a further 12 years for possession of a weapon, with both sentences to run concurrently.

Gary McAreavey

Convicted Person

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: McAreavey, who was also sentenced by the non-jury court this morning for his role in the attempted murder, received a four-year sentence with the final year suspended. McAreavey then signed a €100 bond for the suspended portion of the sentence, which was back-dated to January 23 of this year.