A man has admitted facilitating the Kinahan Cartel in carrying out a serious offence by buying a mobile top up for a leading member of the international crime gang, ending a Special Criminal trial which began three weeks ago.
Michael Crotty (41), of Slí Aonghusa, Aras na Rí, Cashel, Co Tipperary, had initially pleaded not guilty to facilitating the murder of Noel ‘Duck Egg’ Kirwan in 2016.
However, on Tuesday, he admitted to a new charge based on recklessness, with his counsel telling the court it had never been Crotty's intention for the top-up to be used in the endangerment of any person.
Crotty had been accused of buying a mobile phone top-up for Sean McGovern, who was described in evidence before the non-jury court as a leading figure in the Kinahan Cartel.
Mr Kirwan, an innocent man who had no involvement in criminality, was shot dead because members of the Kinahan organisation mistakenly thought he was connected to the Hutch crime organisation, the court 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.
In his opening speech last month, Dominic McGinn SC, for the prosecution, alleged that Crotty purchased the mobile phone credit at a Spar shop in Naas, Co Kildare, on December 21st, 2016, on behalf of Mr McGovern.
Mr McGinn said the prosecution would call evidence to show that Crotty had known Mr McGovern for a number of years and that he made the purchase knowing that it would be used, or being reckless as to whether it would be used, “in the commission of a serious crime, to wit the murder of Christopher (aka Noel) Kirwan”.
Crotty had pleaded not guilty to that single charge, but on Tuesday pleaded guilty to a new charge under Section 72 of the Criminal Justice Act.
Crotty pleaded guilty 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.
Guilty
Crotty spoke only to answer “guilty” to the registrar when the new charge was read out.
Padraig Dwyer SC, for Crotty, said his client had pleaded guilty to recklessness in buying the phone credit because it had “never been his [Crotty’s] intention for it to be used in the endangerment of any person”.
Presiding judge Ms Justice Caroline Biggs extended Crotty's bail and adjourned the brief hearing to April 22nd for sentencing. Crotty's trial had been scheduled to last up to five weeks.
The three-judge court heard sworn testimony on the command structure and activities of the Kinahan cartel, as well as evidence that 33 people linked to the organisation who were “going to be involved in violence and murder” have been arrested by investigating gardaí.
During the trial, Detective Superintendent David Gallagher agreed that Sean McGovern is connected to the Kinahan organised crime group and added: “He is a significant figure within the organisation in a leadership role and is currently based in Dubai.”
Mr McGinn told 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.
Mr McGinn said the prosecution had intended to call evidence that Mr Kirwan's movements were being monitored by a tracking device that was attached to his car.
The background to the shooting, counsel said, is the attack at the Regency Hotel in which 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]”.
