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Kinahan gunman given 20-year prison term for attempted murder

Caolan Smyth was sentenced today
Caolan Smyth was sentenced today

A gunman for the Kinahan organised crime group, who tried to murder a rival Hutch gang member almost three years ago, has been sentenced to 20 years in prison.

Caolan Smyth, a father-of-three, from Cuileann Court, Donore in Co Meath shot James Gately five times on 10 May 2017.

A second man, 53-year-old Gary McAreavey, of Gort Nua, Station Road, Castlebellingham, Co Louth, who is not in any criminal gang, helped burn out the getaway car.

He was jailed today for three years.

Smyth, 29, had Mr Gately under surveillance and followed him to the Topaz Petrol station near Dublin Airport, where he shot one of the Kinahan gang's top targets.

 Four of the bullets hit Mr Gately's bullet proof vest, but the fifth hit him in the jaw.

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James Gately

The 32-year-old father-of-two was seriously injured but survived. Mr Gately declined to give evidence in court or make a victim impact statement.

Smyth then drove north to Dromiskin in Co Louth where he met McAreavey, who bought a container of petrol.

He helped Smyth burn out the getaway car, a black 2.5 litre automatic Lexus with tinted windows and a diplomatic CD plate.

It was previously owned by the Pakistani embassy before it was bought for €3,700 cash from another man and used in the attempted murder.

McAreavey was convicted of acting to impede a prosecution, while Smyth was found guilty of attempted murder and possession of a firearm with intent to endanger life.

Smyth has 36 previous convictions, including for burglary and possession of stolen goods.

He is a known associate of other Kinahan group gunmen, including Mohammed Smew, who is serving seven-and-a-half years in prison for his role in the attempted murder of Patrick 'Patsy' Hutch.

Patsy was the brother of Gerry Hutch, the leader of the Hutch organised crime group.

Smyth was also linked to the ongoing drugs feud in Coolock, which has so far cost five lives. He was targeted by Stephen Little whose son Sean was shot dead as part of that feud.

Gardai at he Clonshaugh Road near Dublin Airport, where James Gately was shot

When Stephen Little was stopped by gardaí and taken to Clontarf Garda Station he asked them: "Why didn't you let it go another hour? Had you given me another hour I would have killed that b*****d that killed him."

The shooting that Smyth was jailed for today was the second attempt on Mr Gately's life in six months as part of the Hutch-Kinahan feud.

Estonian hitman Imre Arakas, who was contacted by the Kinahan organised crime gang to shoot him, was also convicted at the Special Criminal Court of conspiracy to murder Mr Gately in April 2017.

Smyth was an All-Ireland boxing champion at 12. His parents separated when he was a child, he left school after Junior Cert and worked in retail, construction and security.

McAreavey has a significant disability, but was a painter and decorator who was described as a good neighbour.

He has a conviction for recklessly discharging a legally held firearm, but it was dealt with through community service.

He has no record of serious crime. He was not involved in the shooting and not a member of any organised crime gang.

McAreavey was sentenced at the Special Criminal Court today to four years in prison, with the final year suspended.

Mr Justice Tony Hunt said today that Smyth was part of an organised conspiracy to commit murder and fired five shots at close range at Mr Gately, one of which hit him in the head.

The judge said Smyth's actions were deliberate and intentional. He had Mr Gately under surveillance, he used a lethal weapon, a pistol, and was proficient in its use.

He said Smyth was a dangerous criminal, also associated with and acts in tandem with criminals of a similar variety. He sentenced him to 20 years in prison.

The officer leading the investigation described the conviction and the court outcome as significant.

Superintendent Eddie Carroll said the case shows An Garda Síochána's commitment, determination and ability to tackle organised crime and crimes of this nature.

He also acknowledged the assistance received from the communities in north Co Dublin and Co Louth, the investigation team who worked tirelessly and the garda specialist units, including the analysis service.