A shooting victim ran to seek shelter in a Lidl supermarket in west Dublin after a hooded gunman carried out a daylight attack, the aftermath of which was captured by a Virgin Media TV crew filming the "Inside the K" TV series on gardaí.
A garda inspector told the Central Criminal Court on Monday, that the shooter had "racked and re-racked" his firearm as he pursued the victim into the supermarket, but it had jammed.
CCTV footage had captured the gunman attempting to fire into the supermarket as frightened shoppers, including children, ran for cover.
Derek Byrne (40), with an address at Drynam Green, Drynam Hall in Swords was originally charged with attempting to murder Noel Boylan at Blakestown Way, Mulhudddart, Dublin 15 on June 1, 2019. He later admitted purchasing the car used by the gunman on behalf of an organised crime gang.
Just three months earlier, an organised gang had tried to murder the victim's son, Lee Boylan on the same road.
Lee Boylan was shot three times at close range, with his life saved due to a "fortuitous fluke" when his gunshot wounds formed an abnormal connection between an artery and a vein that stopped him from bleeding out.
In 2021, getaway driver Alan Graham (51), last of Davin Gardens, Cahirdavin, Limerick was jailed for 10 years for his role in that shooting.
Criminal organisation
He had pleaded guilty to having knowledge of the existence of a criminal organisation and participating in activities with the intention of facilitating the commission by the criminal organisation of the offence of attempted murder of Lee Boylan or being reckless as to same at Blakestown Road, Mulhuddart, Dublin 15 on March 6th 2019.
During a pre-trial hearing on October 23 this year, Derek Byrne pleaded guilty to intentionally facilitating the commission of a serious offence by a criminal organisation, namely the attempted murder of Noel Boylan, between May 27th and June 1st 2019, both dates inclusive, with knowledge of the existence of the said criminal organisation.
At today's sentence hearing before the Central Criminal Court, Inspector Shane McCarthy detailed the background of the event, telling Sean Gillane SC, prosecuting, that the case had come on for trial on October 2nd this year and that a pre-trial hearing took place in relation to the admissibility evidence.
The witness agreed with counsel that the defendant had pleaded guilty to participating in the activities of a criminal organisation during the pre-trial hearing.
Insp McCarthy said Mr Boylan left his home at Whitestown Drive in Blanchardstown after 5.15pm on June 1st 2019. The victim was walking in the area near a Lidl supermarket when he was approached from behind by a man in a hood.
The man produced a handgun and discharged a shot into the victim's back. Mr Boylan ran into Lidl after he was pursued by the gunman.
Mr Gillane said another man had driven a Toyota Avensis to the area, from which the shooter had emerged.
The Inspector said the shooter had "racked and re-racked" the firearm but it jammed. As Mr Boylan made his way into the supermarket he was pursued by the shooter, the court heard.
CCTV footage
CCTV footage captured the shooter attempting to fire into the supermarket after Mr Boylan, where he remained. He was later treated at Connolly Hospital in Blanchardstown and made a full recovery. Mr Boylan refused to engage with gardaí or make a statement.
Mr Gillane said the Avensis left the scene and drove in the direction of north country Dublin. The journey was caught on CCTV as it made its way to Millers Glen in Swords, where the vehicle was burnt out and two unidentified males were captured running from it.
A 9mm round of ammunition and a bullet jacket were later recovered by gardai from the scene.
The investigation established that the Avensis used to transport the shooter had been purchased for €900 in cash on May 24, five days before the incident.
Vehicle
Mr Gillane said the person who sold the vehicle was traced and that he had advertised it on the website 'Done Deal'. The seller confirmed to gardaí that he had sold the car to the individual at a location close to Newlands Cross in Dublin 22.
The investigation also revealed that a particular telephone number was used in the course of the sale, which gardai were then able to connect to phones associated with the defendant.
CCTV footage, the court heard, had identified Byrne - who was dressed in distinctive clothing - as the person purchasing the vehicle.
Byrne was arrested in relation to an unrelated matter on December 3rd 2019. His home was searched and clothing was found which was consistent with what was captured on CCTV footage.
A mobile phone was found in the defendant's home and an examination of it confirmed what gardai knew at the time in relation to the tracking of the Avensis vehicle.
Byrne was interviewed on two occasions and later arrested in 2020 when further information came into the possession of gardai. The defendant admitted to purchasing the Avensis vehicle but told gardai that his partner had got rid of the car the following day as he was banned from driving.
The defendant also told gardai he had sold the Avensis for €500 and denied any involvement in the incident, telling officers he was in his friend's home on the night of the shooting.
Mr Gillane said Byrne had accepted by his guilty plea that what he had told gardaí in his first detention wasn't the truth.
The defendant also accepted he had purchased the vehicle for an organised crime group and was aware it would be used by the criminal group for a serious offence which could have included murder, said counsel.
The court heard that Byrne has 78 previous convictions, which the court heard were mostly for road traffic related matters. Other offences included dangerous driving, criminal damage and possession of drugs for sale or supply.
The Inspector said Byrne's most serious offence to date was for unlawful possession of a semi automatic 9mm pistol and ammunition at Rathowen, Co Westmeath on December 3rd 2019.
He was convicted in November 2021 and received a seven and a half year sentence from Dublin Circuit Criminal Court with the last 18 months suspended.
Byrne is currently serving that sentence and has been in prison since December 3, 2019.
Insp McCarthy agreed with Giollaiosa O Lideadha SC, defending, that his client had a substantial cocaine addiction for many years and had been living a chaotic lifestyle, which stemmed from his drug addiction.
He agreed that a letter from an officer in the prison tuck shop indicated the defendant was working there productively and conscientiously.
The barrister said Byrne had been in such a position of addiction that he was under pressure to commit further offences but that his client was not trying to minimise his own responsibility.
A letter written by the defendant's aunt indicated Byrne had a hard upbringing as a child, went down the road of drugs after the loss of his son and became associated with persons who had a negative influence on him.
Mr O'Lideadha acknowledged that Byrne's conviction for possession of a semi automatic pistol was in the same "timespan" as this offence and was therefore "an aggravating feature". "Both these offences appeared in the same context of the addiction he was under, it doesn't detract from the seriousness of the two matters and his personal responsibility," he added.
The lawyer said there is a real prospect the defendant has turned his life around and that it was absolutely clear he needed the support of the probation service once he was released from prison.
He added: "Both these offences occurred in the same context of the same surrounding circumstances and it leaves it open to the court to backdate the sentence to the date he went into custody on this matter [possession of firearm]".
Mr Justice Paul McDermott remanded Byrne in custody until next Monday, when he will be sentenced.
