Hitman guilty of attempted murder in gang feud faces life sentence

A HITMAN convicted of the attempted murder of Hutch associate James ‘Mago’ Gately faces up to life imprisonment when he is sentenced next month.

The Special Criminal Court had previously found Caolan Smyth (29) was the man who shot Gately (32) at a north Dublin filling station four years ago.

He was shot five times as he sat in his car at the Topaz garage on the Clonshaugh Road at lunchtime on May 10, 2017.

Gately, who was warned by gardaí of a threat to his life and wore a bullet-proof vest, survived after sustaining injuries to his upper chest and neck.

The botched murder was linked to the ongoing Hutch/ Kinahan feud which has claimed up to 18 lives. It was the second attempt on Gately’s life that year after gardaí had previously foiled a planned assassination attempt on him in Belfast.

Caolan Smyth and his co-accused Gary McAreavey (53), found guilty for his part in the burning of the getaway car, were before the non-jury court for sentencing.

Det Gda Finbarr Fleming, of Santry garda station, said Gately had given a statement to gardaí about the shooting but did not come to court to give evidence. Gately didn’t wish to give a victim impact statement.

Smyth, of Cuileann Court, Donore, Co Meath, has 36 previous convictions including burglary, stolen property and the unauthorised taking of a stolen vehicle.

Presiding judge Mr Justice Tony Hunt remarked the offence was “well up the scale”.

Smyth had pleaded not guilty to Gately’s attempted murder. He had also denied the possession of a firearm with intent to endanger on the same date and location but was found guilty on both counts earlier this month.

McAreavey, of Gort Nua, Station Road, Castlebellingham, Co Louth, had pleaded not guilty to 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.

He had a previous conviction for the reckless discharge of a legally held firearm for which he was sentenced to 80 hours’ community service.

Det Gda Kevin Rooney, of Santry garda station, accepted that the father of two was not involved prior to the commission of the crime.

The maximum sentence for impeding the prosecution of investigation was 10 years, the court heard. Sentencing was adjourned until February 17.