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Wednesday 20 November 2019

Man charged with bid to murder Hutch mob associate 'Mago'

Two men have appeared in court in connection with the attempted murder of a Hutch family associate in a drive-by shooting in north Dublin.

Caolan Smith (27) was arrested and charged yesterday over the shooting of James 'Mago' Gately (32), who survived a gun attack outside a petrol station more than two years ago.

The father-of-two escaped with his life after being shot multiple times in the upper body and neck as he sat in his car on Clonshaugh Road in May 2017.

Firearm

Another man, Gary McAreavy (52), was charged with impeding a prosecution in connection with the attack.

Judge Geraldine Carthy remanded Mr Smith in custody after no bail application was made on his behalf.

She remanded Mr McAreavy in custody with consent to bail. Both cases were adjourned for a week.

Mr Smith, of Cuileann Court, Donore, Co Meath, is charged with the attempted murder of Mr Gately at Topaz Filling Station, Clonshaugh Road, Dublin 17 on May 10, 2017.

He is further charged with possession of a firearm at the same time and place.

Mr Smith's case was the first of the two called at Dublin District Court yesterday afternoon.

Detective Garda Finbarr Fleming, of Santry Garda Station, said he arrested Mr Smith at Coolock Garda Station yesterday. He was charged at 1.36pm and made no reply to either count after caution.

James ‘Mago’ Gately was wearing a bullet-proof vest when he was shot outside a petrol station
James ‘Mago’ Gately was wearing a bullet-proof vest when he was shot outside a petrol station

Mr Smith was handed a copy of the charge sheet, Det Gda Fleming said.

Defence barrister Keith Spencer said it was a case in which bail could only be "ventilated" in the High Court, so "I won't trouble the court with a bail application".

He said there would be a High Court bail application on a later date and asked to be notified in advance if gardai had any objections.

The judge granted legal aid to Mr Smith, assigning solicitor Niall O'Connor.

The accused, who was wearing a black puffer jacket, sat throughout the proceedings and was not required to address the court.

Detective Sergeant Kevin Rooney gave evidence of arresting Mr McAreavy, of Gort Nua, Station Road, Castelbellingham, Co Louth, at his home on Thursday.

James ‘Mago’ Gately
James ‘Mago’ Gately

He is charged with impeding a prosecution at Newrath, Dromiskin, Co Louth, on May 10, 2017.

Mr McAreavy was charged at 2.37pm yesterday and made no reply after caution, the court heard.

Det Sgt Rooney said he was looking for strict bail conditions in his case.

Defence solicitor James McGuill said Mr McAreavy was on disability benefit, was a "family man" and had lived with his wife and children at the given address for many years.

He had not attempted to flee during the two-and-a-half year investigation and was prepared to surrender his passport instead of signing on daily at a garda station, he said.

Judge Carthy granted bail in Mr McAreavy's own bond of €1,000, of which €500 must be lodged in cash.

Under conditions, he must sign on daily at Dundalk Garda Station, observe a curfew at his home between 9pm and 7am and supply a phone number to gardai at which he is contactable at all times.

The judge said the mobile phone number is to be supplied within 48 hours.

She assigned legal aid, with no garda objections.

Lucky

Mr McAreavy, wearing a navy jacket, also remained silent during the hearing and the court heard that he would take his bail up later.

Both men will appear in Cloverhill District Court on October 25.

'Mago' Gately was injured in the shooting but was wearing a bullet-proof vest at the time, which deflected several bullets.

He was also helped by an off-duty nurse who happened to be at the scene.

Gardai later said it was incredibly lucky that nobody else was hurt.

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