The Special Criminal Court has found Dublin man Lee Canavan guilty of the murder of David 'Daithí' Douglas, who was "executed" at a city centre shoe shop five years ago.
The non-jury court, however, did not agree with the State's contention that Canavan was "the person who literally pulled the trigger", owing to a lack of forensic or identification evidence.
In passing judgement today, the non-jury court ruled that Canavan (31) was part of a joint enterprise or shared intention to murder Mr Douglas in what was described as a "meticulously planned execution".
Canavan, with an address at Edenbrook, Rathfarnham, Dublin 14, had pleaded not guilty to murdering shoe shop manager Mr Douglas (55), who was shot six times, sustaining injuries to his chest, neck, back, torso, elbow and jaw at Shoestown, Bridgefoot Street, Dublin 1, on July 1, 2016.
A loaded semi-automatic pistol was found next to Mr Douglas' head at the murder scene.
During the trial, an eyewitness described how the gunman "smirked" and walked away after firing shots into the shop where Mr Douglas was working.
Shane Egan told the court that he was sitting in traffic in his van on Bridgefoot Street around 4pm on July 1st, when he saw a man walking up the hill from Oliver Bond Street in Dublin's Liberties. "There was something strange about him which caught my attention," he said.
Bangs
The witness said the man walked past 'Busy Bees', an after-school service on Bridgefoot Street and went into the entrance of Shoestown. "He stopped at the entrance, and then I heard bangs, I thought they were fireworks at first," he continued, adding that he had heard five or six bangs in total.
Mr Egan testified that he saw the man jump backwards out of the shop and walk back down the street. "He wasn't running, just walking. He smirked at that stage and went around the corner in the direction of Oliver Bond Street," he said.
A worker at the 'Busy Bees' service also told the court how he instructed his colleagues to lock the door and get the children "out of the way" after hearing the shots.
Canavan, who appeared at the court by video-link, is the second man to be found guilty of the murder and the fourth to be convicted in relation to the shooting. He was identified by gardaí as being both a driver and a passenger in cars used in the murder.
Presiding judge Mr Justice Michael MacGrath said he was satisfied that Canavan was also part of an attempt to destroy a getaway car three days later to "minimise links" between the accused and the murder.
'Fat Freddie'
In 2018, gangster Frederick 'Fat Freddie' Thompson (41) was jailed for life by the Special Criminal Court for the murder of Mr Douglas.
In 2019, Nathan Foley (22) of Maryland, Dublin 8, was jailed for six years after he pleaded guilty to assisting a criminal organisation by driving one of four cars and buying mobile phones used in the offence. Gareth Brophy (26) was jailed in February 2020 for ten years also by the Special Criminal Court for his role as getaway driver.
It was the prosecution's case that the murder was a "meticulously and carefully planned assassination" and that Canavan was "the person who literally pulled the trigger" after entering Mr Douglas' shop shortly after 4pm on the day of the shooting.
Reasonable doubt
However, Mr Justice McGrath said the court could not be satisfied beyond a reasonable doubt that Canavan pulled the trigger, due to the lack of identifying evidence or DNA. He said the court agreed that the murder had been "meticulously planned".
Professor Patrick Plunkett, a specialist in emergency medicine at St James' Hospital, said that Mr Douglas had penetrating wounds to the right side of his chest, back of his neck and beneath his jaw, he said. The witness said Mr Douglas could not be resuscitated and he was pronounced dead at 4.55pm.
Detective Garda Alan Curry said he had recovered a loaded semi-automatic pistol with its serial number removed next to the victim's head. The detective said he made the firearm safe at the scene by removing the magazine, which contained five rounds of ammunition.
Three cartridge cases found on the floor outside the shop indicated that the shots were discharged from the roadway, he said, adding that the hammer of the weapon was still cocked and it had the capacity to hold 15 rounds of ammunition.
Today, Canavan was also found guilty of a second charge of criminal damage to a Suzuki Swift vehicle at Strand Road, Sandymount, on July 4, 2016, the property of Teresa Devoy.
The non-jury court previously heard that Canavan was arrested on suspicion of criminal damage after he was found travelling at speed in a stolen vehicle which had repeatedly crashed into another car in south Dublin three days after the shooting.
Canavan had €1,065 in cash and his clothing smelled of petrol when gardai stopped him and Foley in Crumlin, in one of the four cars allegedly used in the killing of Mr Douglas.
