Courts / Dublin / Report

Grandfather jailed for helping botched Kinahan Cartel murder bid

Date
2021-10-04

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

Stephen Fowler (62) was sentenced to six years and nine months at the Special Criminal Court for his logistical involvement in a plot to murder James Gately. The judge suspended the final 15 months for three years, conditional on good behaviour. Fowler pleaded guilty to participating in a criminal organisation's activities between December 2016 and April 2017. He is the sixth person jailed in this case. Peter Keating (40) pleaded guilty to directing a criminal organisation and was jailed for 11 years. David Duffy (33) pleaded guilty to contributing to the murder plot and received five years' imprisonment with one year suspended. Caolan Smyth (30), who denied charges, was sentenced to 20 years for attempted murder and firearm possession. Gary McAreavey (53) pleaded not guilty to impeding prosecution by burning a vehicle but received a four-year term with the final year suspended. Imre Arakas (63) was jailed for six years in 2018 after admitting to conspiring to murder Gately. The court described the events as part of ongoing targeting of Gately within a gang feud.

Who, what, where, when and why

What: Report matter: Grandfather jailed for helping botched Kinahan Cartel murder bid. Charges or matters: directing the activities of a criminal organisation between December 7, 2016, and April 4, 2017, inclusive, within and without the State under Section 71 of the Criminal Justice Act; having knowledge of the existence of a criminal organisation and participating in or contributing to activities connected with the said offence, namely the murder of James Gately, with the intention of enhancing the ability of the said criminal organisation or any of its members to commit the serious offence, within the State between December 7, 2016 and April 6, 2017, both dates inclusive; 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; the single

When:

May 2017 Hearing Or Sentence
February 2016 Hearing Or Sentence
December 7, 2016 Incident
April 4, 2017 Incident
June 7, 2016 Incident
December 2018 Hearing Or Sentence
April 2017 Hearing Or Sentence
April 3, 2016 Incident
March 2017 Other
April 6, 2017 Incident
May 10, 2017 Incident
April 3 Hearing Or Sentence
2021-10-04 Publication

Why: Mr Justice Hunt said that Fowler's involvement in the assassination plot came to an end because of "Garda intervention" and not through "withdrawal or reluctance" on his own part. CNI source report

Case subjects

Caolan Smyth

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)

Outcome: Caolan Smyth (30) of Cuileann Court, Donore, Co Meath, was sentenced to 20 years at the Special Criminal Court for the attempted murder of Gately and for possession of a firearm with intent to endanger life.

David Duffy

Convicted Person

Charges: having knowledge of the existence of a criminal organisation and participating in or contributing to activities connected with the said offence, namely the murder of James Gately, with the intention of enhancing the ability of the said criminal organisation or any of its members to commit the serious offence, within the State between December 7, 2016 and April 6, 2017, both dates inclusive; 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 (Admitted)

Plea: Guilty

Outcome: Duffy was sentenced to five years' imprisonment with a further year suspended.

Gary McAreavey

Convicted Person

Plea: Not guilty

Imre Arakas

Applicant

Charges: directing the activities of a criminal organisation between December 7, 2016, and April 4, 2017, inclusive, within and without the State under Section 71 of the Criminal Justice Act; having knowledge of the existence of a criminal organisation and participating in or contributing to activities connected with the said offence, namely the murder of James Gately, with the intention of enhancing the ability of the said criminal organisation or any of its members to commit the serious offence, within the State between December 7, 2016 and April 6, 2017, both dates inclusive; 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)

Outcome: Arakas (63) was jailed by the Special Criminal Court for six years in December 2018, after he admitted to conspiring with others to murder Gately in Northern Ireland between April 3 and 4, 2017.

Peter Keating

Convicted Person

Plea: Guilty

Outcome: Peter Keating (40) of Rowlagh Green, Clondalkin, Dublin 22, was jailed for 11 years having pleaded guilty to directing the activities of a criminal organisation between December 7, 2016, and April 4, 2017, inclusive, within and without the State under Section 71 of the Criminal Justice Act.

Stephen Fowler

Convicted Person

Charges: the single charge that he, having knowledge of a criminal organisation and "with the intention of enhancing the ability of the said criminal organisation or any of its members to commit a serious offence, namely the murder of James Gately, participated in or contributed to activities with the said offence"; possession of cannabis worth €450k and served six years of an eight-year sentence before being released on June 7, 2016; directing the activities of a criminal organisation between December 7, 2016, and April 4, 2017, inclusive, within and without the State under Section 71 of the Criminal Justice Act; having knowledge of the existence of a criminal organisation and participating in or contributing to activities connected with the said offence, namely the murder of James Gately, with the intention of enhancing the ability of the said criminal organisation or any of its members to commit the serious offence, within the State between December 7, 2016 and April 6, 2017, both dates inclusive; 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 (Admitted)

Plea: Guilty

Outcome: Stephen Fowler, who was serving the suspended part of a drugs sentence at the time, is the sixth man to be jailed by the non-jury court in what the judge said was the "ongoing targeting" of Gately's life carried out in the context of a criminal gang feud. Today at the three-judge court, Fowler (62) was sentenced to six years and nine months for his "logistical" involvement in the murder plot.