Courts / Dublin / Report

Use of phone records to convict 'ruthless' Kinahan hitman a breach of his privacy, appeal told

Date
2022-02-10

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

A Kinahan-linked man convicted of attempted murder is challenging his conviction on appeal, arguing that mobile phone records used to secure his conviction breached his right to privacy under Irish and European Union law. Caolan Smyth, now imprisoned at Cork Prison, was found guilty at the Special Criminal Court in January 2021 of the attempted murder of James Gately in north Dublin on 10 May 2017. Smyth was sentenced to twenty years' imprisonment. His co-accused, Gary McAreavey, received three years for assisting in the destruction of the vehicle used in the shooting. At the Court of Appeal, counsel for Smyth submitted that phone location data gathered under the Communications (Retention of Data) Act 2011 should not have been admitted as evidence, citing a 2018 judgment that found the legislation incompatible with EU law. The Director of Public Prosecutions contended that the phone records were recovered lawfully and that the legislation remains valid. McAreavey separately appeals his conviction, challenging whether evidence proved his knowledge that a serious offence had been committed. Caolan Smyth pleaded not guilty. Gary McAreavey pleaded not guilty.

Who, what, where, when and why

What: Report matter: Use of phone records to convict 'ruthless' Kinahan hitman a breach of his privacy, appeal told. 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; assisting an offender contrary to Section 7 (2) of the Criminal Law Act 1997, claim the Special Criminal Court erred in finding that their client was aware that Smyth had committed a serious offence when the two men met to burn out the Lexus. Procedural stage: appeal. Findings: Convicted

When:

May 10, 2017 Hearing Or Sentence
January 2021 Hearing Or Sentence
2022-02-10 Publication

Case subjects

Caolan Smyth

Accused

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; assisting an offender contrary to Section 7 (2) of the Criminal Law Act 1997, claim the Special Criminal Court erred in finding that their client was aware that Smyth had committed a serious offence when the two men met to burn out the Lexus (Proven)

Plea: Not guilty

Finding: Convicted

Outcome: Convicted; Both men were found guilty of the charges, however, following a trial at the Special Criminal Court in January 2021 and they were jailed for 20 years and three years respectively.

Gary McAreavey

Appellant

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; assisting an offender contrary to Section 7 (2) of the Criminal Law Act 1997, claim the Special Criminal Court erred in finding that their client was aware that Smyth had committed a serious offence when the two men met to burn out the Lexus (Proven)

Plea: Not guilty

Finding: Convicted