The daughter of Noel Kirwan, an innocent victim with no involvement in criminality who was shot dead by the Kinahan cartel, has said she hopes the man who facilitated the murder by buying a mobile top up for a leading member of the gang “will never see the light of day again”.
Mr Kirwan (62) was shot dead as he sat in his car outside his home on St Ronan's Drive, Clondalkin, Dublin 22 on December 22nd, 2016. He suffered eight gunshot wounds in total to his head, right arm, chest and abdomen.
At the Special Criminal Court on Monday, Detective Sergeant Sean Cosgrove said that the background to the case was the notorious shooting at the Regency Hotel some months before. Mr Kirwan was shot dead because members of the Kinahan organisation mistakenly thought that he was connected to the Hutch crime organisation, the court previously heard.
The Hutch crime gang carried out the Regency Hotel attack in 2016 in which another senior member of the Kinahan cartel, David Byrne, was shot dead.
Michael Crotty (42), of Slí Aonghusa, Aras na Rí, Cashel, Co Tipperary, had pleaded not guilty to facilitating the murder of Mr Kirwan and went to trial in January this year.
However, in February, he entered a guilty plea that he, between October 20th and December 22nd, 2016, both dates inclusive and within the State, with knowledge of the existence of a criminal organisation did participate in, or contribute to, activity intending to, or being reckless as to whether such participation or contribution could facilitate the commission of a serious offence by that criminal organisation or any of its members.
At Crotty’s sentence hearing, Det Sgt Cosgrove said Crotty had participated by buying €20 in credit for Sean McGovern, who a previous court sitting heard described in evidence as being a leading figure in the Kinahan cartel.
Det Sgt Cosgrove said that a tracking device was put on Mr Kirwan’s car, with DNA and fingerprint evidence linking this device to two other individuals.
The device was also connected to a mobile phone number that was used on the day of the murder to contact the company from which the device was purchased.
Centrally invovled
Det Sgt Cosgrove said two numbers appeared to have been centrally involved with the shooting, as they were used by those who perpetrated the murder.
Another number was used by someone who coordinated the shooting, onto which the credit was loaded. Crotty passed the credit to the user of this number, and he was also in contact with the same individual using another number.
Det Sgt Cosgrove said that both Crotty and the user of the number had other numbers that they used, and at the time the credit was passed, they had been in contact on these other numbers.
He said the inference to be drawn was that both Crotty and the other individual were aware by using unregistered numbers that the purpose was unlawful.
Dominic McGinn SC, for the State, read out a victim impact statement by Mr Kirwan’s partner, Bernadette Roe, who was present in the car when the shooting happened.
She said that on the evening Noel was murdered senselessly and for no good reason, her whole life was changed forever. She said that due to her severe spinal injury, “he became my legs” and she relied on him, and he was a huge help around the house.
She said Mr Kirwan's murder had a “deeply devastating effect” on the family, who knew that they could easily have lost her as well that night as she was sitting beside him when he was shot.
“He was callously, cruelly and devastatingly taken from us,” she said, adding that her security was taken away from her, and she feels very angry and cheated by his senseless murder.
"I still rub the area of my head where Noel banged off after one of the shots," Ms Roe said.
How can you sleep at night knowing you had just taken the life of an innocent grandfather just before Christmas?
A victim impact statement by Mr Kirwan’s daughter, Donna Kirwan, was also read out.
“How can you sleep at night knowing you had just taken the life of an innocent grandfather just before Christmas?” Ms Kirwan said.
Addressing the defendant, she added: “Hopefully, you will never see the light of day again.”
Defence counsel Padraig Dwyer SC said his client wished to apologise, and he asked the court to bear in mind that Crotty pleaded guilty as soon as a charge was laid before the court that addressed his liability.
The defence also handed in references on behalf of the accused and said that there was a probation report available.
Ms Justice Caroline Biggs adjourned the sentence hearing to continue on May 13th next.
In December 2018, Jason Keating (32) was jailed for 10 years for helping the cartel carry out the "execution-style murder" of Mr Kirwan.
The court heard Keating played a role of “real significance” in the murder as he was present at the scene of the shooting, was in contact with the person who monitored the tracking device and provided this information via a phone to the assailant, who had approached Mr Kirwan's car and shot him.
Keating, last of Lower Main Street, Rush, Co Dublin, had admitted to participating in or contributing to activity intending to facilitate the commission by a criminal organisation or any of its members of the murder of Mr Kirwan.
