A man is alleged to have topped up a mobile phone that was used in the murder of Christopher 'Noel' Kirwan, the Special Criminal Court has heard.
Mr Kirwan was an innocent man who was mistakenly linked to the Regency Hotel shooting.
Michael Crotty is on trial before the three-judge, non-jury court accused of facilitating Mr Kirwan's murder by topping up the mobile phone. He denies the charge against him.
Dominic McGinn SC, for the Director of Public Prosecutions, opened the trial on Wednesday morning, telling the court that Mr Kirwan was shot dead as he sat in his Ford Mondeo car outside his Dublin home just after 5pm on December 22nd, 2016.
The background to the shooting, counsel said, is the attack at the Regency Hotel when David Byrne was shot dead and a number of others were injured after gunmen opened fire during a boxing weigh-in in 2016.
Mr McGinn said that attack led to a number of reprisals and "it appears, perhaps mistakenly, Noel Kirwan was thought to be connected to those who carried out the Regency [attack]".
Mr McGinn said gardaí investigating Mr Kirwan's shooting found a tracker device attached to the bottom of his Ford Mondeo. Counsel described how the prosecution contends that this device was used to track Mr Kirwan's movements for a period leading up to the attack.
Mr McGinn also told the court about three prepaid, unregistered mobile phones which the prosecution alleges were linked to the shooting. Two of those became active one day before the shooting and ceased all activity a little over one hour afterwards.
He said the prosecution would show that when the phones were in use they were in proximity to the scene of the murder.
Top-up
Counsel said Mr Crotty purchased a top-up for the third phone at a Spar shop in Naas, Co Kildare at 5.49pm on December 21st, one day before Mr Kirwan's murder.
Mr McGinn said Mr Crotty made the purchase knowing or being reckless as to whether it would be used in the commission of a serious crime.
Mr Crotty was arrested on March 2nd, 2021, and questioned by gardaí. Counsel said the accused answered some questions, but the court will be entitled to draw inferences from his failure to account for the purchase of the mobile phone top-up.
Padraig Dwyer SC, for Mr Crotty, told the court that his client has no previous convictions and engaged "extensively" with gardaí during interviews following his arrest.
Mr Crotty (40) is charged that between October 20th and December 22nd, 2016, within the State and with knowledge of the existence of a criminal organisation, did participate in, or contribute by activity, or by being reckless as to whether such participation or contribution could facilitate the commission by a criminal organisation or any of its members of a serious offence: to wit the murder of Christopher (aka Noel) Kirwan, contrary to Section 72 of the Criminal justice Act.
Mr Crotty, of Slí Aonghusa, Aras na Rí, Cashel, Co Tipperary, has pleaded not guilty to the single charge.
Ms Justice Caroline Biggs, presiding, with Judge Sarah Berkely and Judge Gráinne Malone, will consider a media application on Thursday to set aside reporting restrictions in relation to a party mentioned in court during Wednesday's hearing but who is not before the courts.
This man, referred to only as AB in evidence during the trial, cannot be identified on foot of a ruling by the court.
