A judge has imposed a four-year- month prison term on the get-away driver in the attempted murder of a Shannon man out celebrating his 21st birthday during a music festival in a small Clare town.
At Ennis Circuit Court, Judge Francis Comerford imposed a five-year-eight month prison term with the final 16 months suspended on father of two, Caoibhlen McMahon (27).
Mr McMahon of Dun Aile, O’Callaghan’s Mills was the get-away driver in the attempted murder of Daniel Harty Junior at Pound St, Sixmilebridge on January 18th 2020.
Judge Comerford has imposed a separate two year four month prison term on horse trainer for ‘sulky races’ William McInerney of Keladerra, Bodyke who had agreed to ‘clean’ the BMW X5 used on the night but did not proceed with it after hearing it was used in an attempted murder.
Last month, the High Court approved an application from the Criminal Assets Bureau (CAB) to seize Mr McInerney’s Keladerra home in Bodyke after ruling that it was purchased from the proceeds of crime.
Judge Comerford imposed the prison terms to both men after they pleaded guilty to participating or contributing to the activities of a criminal organisation.
In October of last year at the Central Criminal Court, leader of the criminal organisation and convicted drug dealer, Tony McInerney (29) formerly of Glenina, Gort Rd, Ennis received a 17-year jail term for the attempted murder of Mr Harty.
Det Sgt Kevin O’Hagan told Ennis Circuit Court that an innocent by-stander received a gun shot in the buttocks and festival goers went for cover in Sixmilebridge as Mr McInerney and a second shooter got out of the BMW X5 to give chase and shoot Mr Harty shortly after midnight on January 18th.
Det Sgt O'Hagan said that the BMW X5 was 'patrolling' the streets of Sixmilebridge on the lookout for Mr Harty as part of the "well-organised operation".
Det Sgt O’Hagan said that nine shots were discharged and three hit Mr Harty in the back, abdomen and shoulder.
Mr Harty survived the attack on his life after finding cover behind a wall and Mr McMahon picked up Mr McInerney and the second man before making their getaway.
Det Sgt O’Hagan said that Mr Harty required the use of a colostomy bag for two years and underwent bowel reconstruction surgery and was diagnosed with Post Traumatic Stress Disorder (PTSD).
He said that Mr Harty had to remain in hospital for a long period.
Det Sgt O’Hagan said the background to the shooting was a €2,500 drug debt allegedly owed by Mr Harty to Mr McInerney and back and forth over social media over a woman.
The senior Garda said that in the middle of 2019, Mr McInerney had called to the Harty family home in Shannon and introduced himself as Tony McInerney and told Danny Harty’s father that Danny Jnr owed him €2,500 for a drugs debt.
Counsel for the State, Lorcan Connolly SC (instructed by State Solicitor for Clare, Aisling Casey) said that Tony McInerney said to Mr Harty Snr “if he didn’t receive the money, he was going to spray his house and shoot his son”.
Det Sgt O’Hagan said Mr Harty Snr followed Tony McInerney with a sweeping brush and Mr McInerney ran away from him to the car that dropped him off.
Det Sgt O’Hagan said that Danny Harty Jnr was in Sixmilebridge on the night of January 17th to celebrate his 21st birthday with two friends.
Det Sgt O’Hagan said that one of those two men is “a significant person” in the Garda investigation relating to communications with others on the night.
In evidence, Det O’Hagan accepted that William McInerney did not realise what the BMW jeep going to be used for.
Det Sgt O’Hagan stated that William McInerney said that when he heard about the shooting the following day on the news “and he realised that this was the vehicle".
Det O’Hagan stated that William McInerney “was concerned and wouldn’t have anything more to do with the vehicle”.
He commented: “William McInerney had a poisoned chalice in the yard and he didn't know what to do with it.”
Det O’Hagan said that Garda were able to recover gun residue from the uncleaned jeep that linked the jeep to the Harty shooting.
The court was told that William McInerney has 43 previous convictions that are historic in nature and a large amount of road traffic.
Det O’Hagan said that he accepted that Mr McMahon - who has 19 previous convictions - felt under duress from Tony McInerney to become involved.
The detective said: “Tony McInerney being the person he is he felt it was very difficult to say no."
Det O’Hagan stated that Tony Mcinerney was the leader of the Organised Crime Group and its main field of business was the sale and supply of drugs in Clare and wider area.
On William McInerney and Caoibhlen McMahon's roles, Det Sgt O’Hagan said: “While they not have known what their part was going to be in it they were a party to the organisation."
He said: “They had a small part to play. They were definitely at the lower end of the scale of this organisation."
Det Sgt O’Hagan said that the shooting of Danny Harty “was well organised and planned”.
He said: “The vehicle was secured, there were separate phones to be available for the night, they had firearms, they had the means of getting rid of them afterwards and they had a plan for the vehicle."
On the others suspected to be involved on the night in question, Det Sgt O’Hagan said: “We will be here with other persons at some date in the future."
