Jailed gangster Peter Keating will not go on trial as planned in the UK in September for charges of conspiracy to possess firearms and perverting the course of justice after a High Court judge here adjourned his extradition hearing to a date after his case had been due to commence.
At the High Court on Wednesday, Ms Justice Eileen Creedon granted an application from Keith Spencer BL, for Keating, to adjourn the matter to September 18th, when Keating’s senior counsel, Michael Lynn SC, is available.
Mr Spencer also submitted that September 2nd, 2024 was no longer Keating’s trial date, according to correspondence received from the UK authorities. Mr Spencer said his client could not be surrendered without clarity over the start-date of his trial.
Keating, who is wanted in the UK, is facing potential life imprisonment should he be convicted for an allegation of attempting to pervert the course of justice. The UK authorities allege that Keating was involved with two other men in a plot to get a sentence for Kinahan crime syndicate kingpin Thomas 'Bomber' Kavanagh reduced.
Kavanagh (56), a senior Kinahan cartel international drug trafficker, was jailed in England in March 2022 for 21 years for importing cocaine and cannabis worth more than £30M (€35M) into the UK. Kavanagh, who pleaded guilty to drug trafficking, was described by the UK's National Crime Agency as the "top man" in the UK for the Kinahan organised crime group.
Senior Kinahan cartel member Keating was jailed for 11 years by the Special Criminal Court in Ireland in September 2021 for directing the attempted assassination of rival Hutch gang member James 'Mago' Gately.
Sentencing judge Mr Justice Tony Hunt said that Keating (45), formerly of Rowlagh Green, Clondalkin, Dublin 22, pleaded guilty to directing the activities of a criminal organisation between December 7th, 2016 and April 6th, 2017, within and outside the State.
This involved the "ongoing targeting" of Gately in the context of a feud between the Hutch and Kinahan crime groups.
A warrant was issued for Keating's extradition by Westminster Magistrates Court in November 2022.
The warrant states that Keating is wanted for nine alleged offences, one of which is perverting the course of justice, which carries a maximum sentence of life imprisonment.
Keating is accused of eight charges of conspiracy to possess firearms and ammunition on dates between January 9th, 2020, and June 3rd, 2020, in the UK.
At the High Court today, Anne-Marie Lawlor SC, for the State, said a trial date of September 2nd was in place for Keating but that the UK authorities acknowledged that it may not be practical to have Keating’s trial take place on that date.
Ms Lawlor said Mr Justice Patrick McGrath had indicated his intention to extradite Keating in July but did not make the order so that issues arising around the conditions of any temporary surrender could be dealt with. Ms Lawlor said the UK had applied for the temporary extradition of Keating for the duration of his court proceedings there, after which he is to be returned to Ireland.
Ms Lawlor said that while it was unlikely that Keating’s trial would proceed on September 2nd, it was an “anchor” for procedural matters and had been confirmed in writing from the Crown Prosecution Services that this was Keating’s trial date.
Mr Spencer said that senior counsel Mr Lynn was unable to appear in person and that an application to adjourn the matter had been applied for.
Mr Spencer said previous in-vacation sittings of the High Court had been premised on the trial date of September 2nd being in place but that this was no longer the case and that Keating’s trial would now have to proceed within 182 days of that date.
Mr Spencer said his client had “no certainty of what he [Keating] is facing in the UK” and added that “nothing” had been served on his client by the UK authorities aside from the accusation warrant.
Ms Lawlor said “a number of actions” could be taken on the trial date of September 2 to allow all parties time to prepare their cases from that “anchor” date.
Ms Lawlor said there had already been a “practical acknowledgement” by UK authorities that the trial may not take place on that date.
Ms Justice Eileen Creedon said she would adjourn the matter to September 18 to accommodate the availability of Mr Lynn.
The warrant for Keating reads that French police hacked an ‘Encrochat’ messaging system used by suspected crime syndicates in the Spring of 2020 and passed on their intelligence to authorities in the UK.
The warrant alleges that Peter 'Peadar' Anthony Keating was the user of the handle 'short-texture', according to chat logs accessed by French authorities.
The warrant accuses Keating of "organised criminal activity" in allegedly "procuring firearms and ammunition" and of a "leading role in the sourcing of firearms and ammunition".
The warrant alleges that Keating and others - including Kinahan cartel members Liam Byrne and Thomas Kavanagh's son, Jack - conspired to possess the arms and ammunition with the aim of assisting Thomas 'Bomber' Kavanagh to reduce his sentence.
Keating is alleged to have procured firearms and ammunition to be hidden so that Kavanagh could purport to assist police by revealing their whereabouts and then have his sentence reduced, the warrant states.
"Keating was instrumental and with others in carrying out directions for Kavanagh and in arranging with third parties for firearms and ammunition to be procured from the UK and abroad to reduce Kavanagh’s sentence," the warrant alleges.
On May 20th, 2021, UK authorities travelled to Newry on the Co Down and Co Armagh border and discovered 11 weapons, including German Heckler & Koch and Czech VZ61 Skorpion sub-automatic machine guns and pistols along with ammunition.
