A 25-year-old man who was seen handing over a loaded handgun to a taxi driver and was later intercepted by gardaí in a car with other men who were wearing rubber gloves and carrying burner phones is "deeply ashamed" of his actions, the Special Criminal Court has heard.
Ryan Kelly (25), of Captain’s Road, Crumlin, Dublin 12, was under surveillance as part of an investigation by the Garda National Drugs and Organised Crime Bureau.
Kelly has admitted to having in his possession a .38" special calibre Smith & Wesson make revolver at Captain's Road on November 23rd, 2021.
Kelly has also pleaded guilty to having in his possession five rounds of .38 special calibre ammunition on the same occasion.
Kelly is also charged that he did on the same date within the State, with knowledge of the existence of a criminal organisation, 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.
Anne-Marie Lawlor SC, for the Director of Public Prosecutions (DPP), previously told the court that a ‘nolle prosequi’ – a decision not to proceed with the prosecution – will be entered by the State regarding the final charge in due course.
Kelly's co-accused, Anthony Walker (52), with an address at Marrowbone Lane, Dublin 8, had his sentence hearing adjourned today until May 7th.
Walker has pleaded guilty to possessing a .38 special calibre Smith & Wesson revolver at Tallaght Road, Templeogue, Dublin 6w, also on November 23rd, 2021.
The ammunition charge against Walker on the same occasion remains live.
Walker is further charged that he did on the same date within the State, with knowledge of the existence of a criminal organisation, 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.
Sentence hearing
At Monday's sentencing hearing before the Special Criminal Court, Detective Garda John Rourke of the Garda National Drugs and Organised Crime Bureau detailed the background of the event, telling Anne Marie Lawlor SC, prosecuting, that a garda operation was in place on November 23rd.
The witness said Detective Superintendent Stephen Mullins had confidential information about an illegal firearm and ammunition, which was sufficient to put in place the monitoring of Kelly.
He said the confidential information extended to an awareness that Kelly was in possession of a firearm which was due to be collected by his co-accused Anthony Walker.
Ms Lawlor said Walker was observed driving a Toyota Prius taxi to Captain's Road at 6.09pm and again at 6.49pm on November 23rd, where four people including Kelly got out of the vehicle.
At 8.44pm, Walker returned in his taxi and pulled up outside the defendant's house at Captain's Road. The detective said Kelly was seen "dropping an item" into the window of the taxi before returning to his house. The item later turned out to be the revolver.
The detective said there was a garda intervention near the M50 and that Walker had been stopped by the Emergency Response Unit (ERU) at 9pm. A loaded revolver was found sitting on a blue cloth in the footwell of the taxi, partly concealed.
Ms Lawlor said one of the surveillance team had observed the revolver wrapped in cloth when it was handed to Kelly.
A Volvo car carrying Kelly and three other people left Captain's Road at 9.05pm and followed the same route as Walker's taxi. The Volvo was later intercepted by officers around the N81 and Kelly was one of the backseat passengers.
Burner phones
Ms Lawlor said the revolver was falsely registered to a person who did not exist. The four people in the Volvo all had burner phones on them.
The person in the front passenger seat wore a snood and rubber gloves. A key for a stolen Audi car was also found on this person, but the vehicle was not retrieved.
Another person in the back seat of the Volvo was wearing rubber gloves and a snood. He also had a key for a stolen Vauxhall Insignia car in his possession, which was later found with a petrol can located under the passenger seat.
During the search, the detective said, a burner phone was found on Kelly, which had been activated five minutes previously. Boxes for two other phones found on two of the passengers in the Volvo were later found in Kelly's house at Captain's Road.
The number for Walker's burner mobile was saved in Kelly's phone as "Anto Taxi" and there had been an exchange of calls and messages between the pair.
Walker had sent Kelly a text message saying "send me the number, I'm nearly there". Ms Lawlor said the message was sent after Walker collected the revolver from Kelly at 8.44pm. Kelly replied: "I'll be there".
Gardaí learned the Volvo was registered to a location that did not exist and the driver of the vehicle that day had been observed by gardaí in it two months previously.
Ms Lawlor said the .38 special calibre Smith & Wesson revolver had a five round capacity cylinder and that five rounds of ammunition had been found in it when the taxi was stopped. The serial number had been deliberately erased.
She said DNA was obtained from the blue cloth, which the revolver was wrapped in, and it had matched Kelly's profile.
The prosecutor told the court that the maximum sentence for such an offence is 14 years in prison.
The court heard that Kelly has nine previous convictions, which mostly include public order offences and road traffic matters.
Under cross-examination, the detective agreed with Brendan Grehan SC, defending, that the driver of the Volvo car had been wearing a snood and rubber gloves. Mr Grehan said gloves were found at Kelly's feet. The detective agreed that none of the other occupants of the car were prosecuted.
The detective also agreed that Kelly is "relatively of light previous convictions" and had never received a custodial sentence. He agreed with the defence counsel that the offence was "of a different order".
The witness further agreed with counsel that Kelly's plea had been communicated to the prosecution and court in advance of his trial date.
Counsel said Kelly had been released on bail with very onerous conditions after spending a number of weeks in custody. Det Gda Rourke further agreed that the defendant was subjected to a curfew and had to sign on twice daily at a garda station but had abided by those conditions for the past three years.
'Deeply ashamed'
In his submissions, Mr Grehan said his client was deeply ashamed by his actions and wanted to apologise to the court, gardaí and mostly his family who he felt he had "let down".
Counsel added: "It has caused a very deep impact not just on his life but his family members and partner as well. He was 22 years old at the time and described himself as young and naive. He has had three years of reflecting on this matter; subject to a strict curfew".
Mr Grehan submitted to the court that Kelly aims to start a family with his partner of 10 years and hopes to be in a position to take up an offer of full-time employment following his term of imprisonment.
The lawyer said his client was the youngest person in the car that day and has had an opportunity to reflect considerably since then. He said he has a network of family and other support.
Mr Grehan asked the judges to be as lenient as possible when sentencing his client, "somebody who appears to have made a very radical departure from previous matters".
Mr Justice Paul Burns, presiding, sitting with Ms Justice Sarah Berkeley and Ms Justice Marie Keane, remanded Kelly in custody until April 22nd, when he will be sentenced.
