Wednesday 28 October 2026Compiled from published reports. Every claim links to its source.

Ireland Crime

Every case followed from the first report to the sentence, or to where the reporting stopped.

Case No. 5650Murder

Supreme Court rules phone data admissible in Smyth and McAreavey appeals

On 10 May 2017, James "Mago" Gately was shot five times by the driver of a Lexus at a Topaz garage on Clonshaugh Road, Dublin 17, and survived because he wore a bulletproof vest. Caolán Smyth, 31, and Gary McAreavey, 56, were convicted by the Special Criminal Court in January 2021, with Smyth convicted of attempted murder and possession of a firearm with intent to endanger life, and McAreavey convicted of assisting an offender. On 17 June 2024 the Supreme Court, by six to one, ruled that the phone data was correctly admitted, dismissed Smyth's appeal and overturned McAreavey's conviction. The latest development is that judgment on Graham Dwyer's appeal against his 2015 murder conviction for the killing of Elaine O'Hara is expected within weeks.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court17 Jun
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
James "Mago" Gately was shot five times by the driver of a Lexus.
Where
The shooting happened at a Topaz garage, described as a petrol station, on Clonshaugh Road, Dublin 17.
When
  • The shooting took place on 10 May 2017.
  • The Supreme Court ruling was delivered on Monday, 17 June 2024, with Mr Justice Maurice Collins giving the judgment.
Cause
The cartel tasked Smyth with finding and killing Gately.
Weapon
Smyth opened fire on Gately.
Other details
Gately survived because he was wearing a bulletproof vest.
Investigation
It was alleged that McAreavey bought petrol to destroy the vehicle, which was later found burnt out.
In court
  • Both men pleaded not guilty and were convicted by the Special Criminal Court in January 2021.
  • McAreavey was convicted of assisting an offender, but the Special Criminal Court was not satisfied beyond reasonable doubt that he assisted Smyth knowing Smyth was guilty of attempted murder.
  • The Supreme Court rejected by six to one the arguments that phone metadata evidence was inadmissible at the Smyth and McAreavey trials, applying the admissibility test in the 2015 JC case and finding the breach of charter rights was not deliberate or conscious.
  • The Supreme Court dismissed Smyth's appeal against his conviction and overturned McAreavey's conviction for assisting an offender, with Mr Justice Collins saying it could not stand on the basis used.
  • Mr Justice Gerard Hogan dissented, finding the phone data inadmissible and saying he would also have quashed Smyth's conviction.
Charges
  • Smyth was convicted of the attempted murder of Gately and possession of a firearm with intent to endanger life.
  • Graham Dwyer is appealing his 2015 conviction for the murder of Elaine O'Hara, and judgment on that appeal is expected within weeks.
23 statements extracted from the articles
  • whatGately was shot five times by the driver of a Lexus. (irishtimes.com)
  • whereGately was tracked to a Topaz garage on Clonshaugh Road, Dublin 17. (irishtimes.com)
  • whenThe shooting took place on 10 May 2017. (irishtimes.com)
  • whenThe ruling was delivered on a Monday, with Mr Justice Maurice Collins giving the judgment. (irishtimes.com)
  • causeThe cartel tasked Smyth with finding and killing Gately. (irishtimes.com)
  • weaponSmyth opened fire on Gately. (irishtimes.com)
  • chargeSmyth was convicted of attempted murder of Gately and possession of a firearm with intent to endanger life. (irishtimes.com)
  • courtBoth men pleaded not guilty and were convicted by the Special Criminal Court in January 2021. (irishtimes.com)
  • courtThe Special Criminal Court was not satisfied beyond reasonable doubt that McAreavey assisted Smyth knowing he was guilty of attempted murder. (irishtimes.com)
  • courtThe Supreme Court dismissed Smyth's appeal against his conviction. (irishtimes.com)
  • courtThe Supreme Court overturned McAreavey's conviction for assisting an offender. (irishtimes.com)
  • courtThe Supreme Court found that the phone data was correctly admitted into evidence. (irishtimes.com)
  • courtMr Justice Collins said the conviction of McAreavey could not stand on the basis used, as it was not a sufficient basis for conviction. (irishtimes.com)
  • courtMr Justice Hogan would also have quashed Smyth's conviction, finding the phone data should have been excluded. (irishtimes.com)
  • courtThe Supreme Court rejected by six to one arguments that phone metadata evidence was inadmissible at the Smyth and McAreavey trials. (irishtimes.com)
  • courtGraham Dwyer is appealing his 2015 conviction for the murder of Elaine O'Hara. (irishtimes.com)
  • courtJudgment on Dwyer's appeal is expected within weeks. (irishtimes.com)
  • courtThe majority ruled the admissibility test was the one set out in the 2015 JC case. (irishtimes.com)
  • courtThe court found the breach of charter rights in both cases was not deliberate or conscious. (irishtimes.com)
  • courtMr Justice Gerard Hogan dissented, finding the phone data inadmissible at the Smyth and McAreavey trials. (irishtimes.com)
  • otherGately survived because he was wearing a bulletproof vest. (irishtimes.com)
  • otherIt was alleged that McAreavey bought petrol to destroy the vehicle, which was later found burnt out. (irishtimes.com)
  • otherDwyer had earlier successfully challenged the validity of section six of the 2011 Communications (Retention of Data) Act in civil proceedings. (irishtimes.com)

The reporting

newest first
  1. 17 Jun2024
    In courtirishtimes.com, first report
    Supreme Court decision on phone data admissibility may be fatal blow to Graham Dwyer appeal

    Covers the Supreme Court ruling in the linked Smyth and McAreavey appeals and its likely impact on Graham Dwyer's separate appeal, with judgment on Dwyer's appeal expected within weeks.

    convicted, Graham Dwyer, named, irish (judged from name)Graham Dwyervictim, Elaine O'Hara, irish (judged from name)Elaine O'Haraconvicted, Caolán Smyth, named, irish (judged from name)Caolán Smythconvicted, Gary McAreavey, named, irish (judged from name)Gary McAreavey
  2. 17 Jun2024
    Otheririshtimes.com, follow-up
    Supreme Court finds phone data was admissible in ruling which could influence awaited Graham Dwyer decision

    Supreme Court appeal ruling: Smyth's conviction upheld on the phone data ground, and McAreavey's conviction for assisting an offender overturned. Comments on the impact on the Graham Dwyer appeal.

    convicted, Caolan Smyth, 31, male, named, irish (judged from name)Caolan Smythaccused, Gary McAreavey, 56, male, named, irish (judged from name)Gary McAreaveyvictim, James “Mago” Gately, male, irish (judged from name)James “Mago” Gately