A 31-year-old Dublin man who admitted helping a criminal organisation try to kill another man as part of the ongoing Hutch-Kinahan feud has been jailed for seven-and-a-half years.
Mark Capper, from Cappagh Green in Finglas, admitted he knew about and participated in activities designed to facilitate the murder of Patrick Hutch two years ago.
Capper was hired by the Kinahan organised crime group, which was named for the first time publicly in an Irish court.
The Special Criminal Court also found that the Kinahan gang operates a cell structure and is involved in drugs, firearms offences and execution-style murders.
Capper was "a foot soldier" for the Kinahan gang and involved in an attempt two years ago to murder Patrick Hutch, the older brother of the leader of the rival Hutch organised crime gang.
Detective Superintendent David Gallagher told the Special Criminal Court that the Kinahan gang was involved in murderous feuds as well as organised drugs and firearms trafficking.
He said it has a hierarchical structure under which sub cells operate to benefit and enhance its capabilities.
Det Supt Gallagher said the sub cells are assigned activities from the higher level and do not necessarily know what other sub cells are doing.
The cell assigned to murder Patrick Hutch involved up to ten people and the plan involved three central elements.
First to set up a "staging post" at Belmont Apartments, which was midway between two locations associated with Patrick Hutch.
Second was a "ruse" to commit criminal damage to lure Patrick Hutch to the murder scene; a "looker" would give the "hit team" the signal when he was on his way.
The third was the getaway location as Stoney Road, where the gunmen would go through a pedestrian tunnel and a car would be waiting on the other side to take them away.
Capper admitted that he knew about the attempt to murder Patrick Hutch and that he participated in activities to facilitate the commission of the crime by a criminal organisation between 1 February and 10 March 2018.
He was one of a number of cell operatives put under surveillance by the Garda's Drugs and Organised Crime Bureau.
He was recorded suggesting that the motorbike used in the "hit" could be driven into the back of a van after the murder.
However, he expressed reservations about the plan and was particularly concerned about the Garda protection post at Champions Avenue in Dublin near Patrick Hutch's home.
He was also worried about the motorbike cutting out and waiting in a van for a call to carry out the shooting and that he could not see if there was anyone around before he was to get out.
Capper was also recorded asking one of the directors of the operation for €50 and complaining after this was refused that he would not be involved if he was not short of money.
The original plan had been to shoot Patrick Hutch on 28 February 2018, but Capper expressed concern because of Storm Emma. When the storm arrived the next day the attempted murder was postponed until 10 March.
Capper pulled out three days before the murder was to happen, but the court found it was most likely that he was dropped for lack of commitment.
The plot was foiled when gardaí intervened on that day and seized guns, ammunition, cars and vans and arrested the "hit team."
The court was told that Capper has 65 previous convictions and drug and addiction problems.
He was diagnosed with ADHD as a child and had an IQ of 63 when he was 13 years old and was sent to a special school.
Mr Justice Tony Hunt said today it was no thanks to Capper the murder did not take place and sentenced him to eight years and three months with the final nine months suspended.