Ireland Case No. 5650Murder
Supreme Court upholds Dublin attempted murder conviction, quashes co-accused's
James 'Mago' Gately was shot five times by the driver of a Lexus at the Topaz service station on Clonshaugh Road, Dublin 17, on 10 May 2017, surviving because he was wearing a bulletproof vest. Caolán Smyth, 30, formerly of Donore, Co Meath, was convicted of attempted murder and possession of a firearm with intent to endanger life, and Gary McAreavey, 55, formerly of Castlebellingham, Co Louth, was convicted of assisting an offender for burning out the getaway car, both at the Special Criminal Court in January 2021. Smyth was sentenced to 20 years and McAreavey to three years in February 2021. The Supreme Court on 17 June 2024 dismissed Smyth's appeal, finding the phone metadata lawfully admitted, but quashed McAreavey's conviction because the prosecution failed to prove he knew or believed Smyth was guilty of attempted murder.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court16 Dec
8 reports - Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports- What happened
- James Gately was shot five times by the driver of a Lexus at the Topaz service station on Clonshaugh Road, Dublin 17, on 10 May 2017, and survived because he was wearing a bulletproof vest.
- The Lexus was later found burnt out.
- Cause
- The Criminal Assets Bureau alleges Gately is heavily involved with an organised crime group, and a cartel tasked Smyth with finding and killing him.
- Weapon
- A firearm.
- Investigation
- The prosecution relied on mobile phone data to connect unregistered phones to Smyth and McAreavey and to correlate the car's movements with cell sites, along with Garda CCTV identifications of Smyth at the filling station.
- Charges
- Smyth was charged with attempted murder and possession of a firearm with intent to endanger life; McAreavey was charged with assisting an offender.
- In court
- Both men were convicted by the Special Criminal Court in January 2021 after a trial during the Michaelmas term of 2020.
- The Court of Appeal upheld both convictions on 28 July 2022.
- The Supreme Court on 17 June 2024 dismissed Smyth's appeal by six to one, finding the phone metadata lawfully admitted, but quashed McAreavey's conviction because the prosecution failed to prove he knew or believed Smyth was guilty of attempted murder.
- Sentence
- Smyth was sentenced to 20 years in February 2021; McAreavey received three years.
- Other details
- Both men denied the charges and never conceded ownership of the phones attributed to them.
- McAreavey was seen on CCTV in Castlebellingham buying petrol shortly after the shooting.
110 statements extracted from the articles
- whatA man was shot in the neck by the driver of a car at a petrol station. (courts.ie)
- whatThe applicant was alleged to be the shooter. (courts.ie)
- whatThe car used was later found burnt out. (courts.ie)
- whatJames Gately was shot five times by the driver of a car at a petrol station on Clonshaugh Road on 10 May 2017. (irishtimes.com)
- whatSmyth, formerly of Cuileann Court, Donore, Co Meath, was alleged to be the shooter. (irishtimes.com)
- whatThe car was later found burnt out. (irishtimes.com)
- whatMcAreavey, formerly of Gort Nua, Castlebellingham, Co Louth, was alleged to have purchased petrol for the purpose of destroying the car. (irishtimes.com)
- whatThe phone data was used to connect an unregistered phone to Smyth and to correlate the movements of the car with cell sites. (irishtimes.com)
- whatThe data also showed contact between the phone and another unregistered phone attributed to McAreavey. (irishtimes.com)
- whatSmyth and McAreavey are appealing their Special Criminal Court convictions, which relied on mobile phone data. (irishtimes.com)
- whatSmyth was alleged to be the shooter. (irishtimes.com)
- whatMcAreavey was alleged to have bought petrol to destroy the car. (irishtimes.com)
- whatThe Supreme Court has reserved its decision in a case about the use of mobile phone data in criminal trials. (rte.ie)
- whatThe appeal is by Caolan Smyth against his conviction for the attempted murder of James 'Mago’ Gately in May 2017. (rte.ie)
- whatThe related appeal is by co-accused Gary McAreavey, who was convicted of assisting an offender. (rte.ie)
- whatGately was shot five times by the driver of a Lexus. (irishtimes.com)
- whatCaolan Smyth lost a Supreme Court appeal against the use of phone data to convict him. (rte.ie)
- whatCaolan Smyth was found guilty of the attempted murder of James ‘Mago’ Gately at the Special Criminal Court in January 2021. (thejournal.ie)
- whatGary McAreavey was found guilty for his part in burning out the car used in the shooting. (thejournal.ie)
- whereThe shooting took place at a petrol station. (courts.ie)
- whereGately was shot at a petrol station on Clonshaugh Road. (irishtimes.com)
- whereGately was tracked to a Topaz garage on Clonshaugh Road, Dublin 17. (irishtimes.com)
- whereThe shooting took place at the Topaz service station near Dublin Airport. (rte.ie)
- whereCaolan Smyth was formerly of Cuileann Court, Donore, Co Meath. (thejournal.ie)
- whereGary McAreavey was formerly of Gort Nua, Station Road, Castlebellingham, Co Louth. (thejournal.ie)
- whenThe incident occurred in May 2017. (courts.ie)
- whenThe Gately shooting took place on 10 May 2017. (irishtimes.com)
- whenThe two men were convicted in 2021. (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)
- whenJames Gately was shot five times on 10 May 2017. (rte.ie)
- causeThe cartel tasked Smyth with finding and killing Gately. (irishtimes.com)
- weaponSmyth opened fire on Gately. (irishtimes.com)
- investigationThe retained telephony data was accessed by garda investigators. (courts.ie)
- investigationThe prosecution used phone data to connect an unregistered phone to Smyth. (irishtimes.com)
- investigationThe prosecution relied in part on evidence about two mobile phones, which the accused men denied were used by them. (rte.ie)
- investigationMcAreavey was alleged to have bought petrol to destroy the car used in the shooting. (irishtimes.com)
- investigationThe prosecution case relied on mobile phone locations, phone use tied to the car's movements, and Garda identifications of Smyth from CCTV at the filling station. (thejournal.ie)
- investigationMcAreavey was seen on CCTV in Castlebellingham buying petrol shortly after the attempted murder. (thejournal.ie)
- chargeThe co-accused Gary McAreavey was charged with assisting in the car's destruction. (courts.ie)
- chargeThe applicant's convictions were for attempted murder and possession of a firearm with intent to endanger life. (courts.ie)
- chargeGary McAreavey, 55, is seeking to overturn his conviction for assisting an offender. (irishtimes.com)
- chargeSmyth is appealing his 2021 conviction for attempted murder and possession of a firearm with intent to endanger life. (irishtimes.com)
- chargeMcAreavey is seeking to overturn his conviction for assisting an offender. (irishtimes.com)
- chargeSmyth was convicted of attempted murder of Gately and possession of a firearm with intent to endanger life. (irishtimes.com)
- courtThe trial was held in the Special Criminal Court and lasted for much of the Michaelmas term in 2020. (courts.ie)
- courtThe Court of Appeal upheld the convictions in a judgment delivered on 28 July 2022. (courts.ie)
- courtThe applicant sought leave to appeal the Court of Appeal decision to the Supreme Court. (courts.ie)
- courtThe Supreme Court granted leave to appeal because the issues raise points of law of general public importance. (courts.ie)
- courtIHREC was joined as a participant in two Supreme Court appeals claiming the use of mobile phone records to secure convictions breached privacy rights. (irishtimes.com)
- courtThe appeals have been scheduled for two days beginning 25 April. (irishtimes.com)
- courtSmyth and McAreavey were found guilty following a trial at the Special Criminal Court in January 2021. (irishtimes.com)
- courtThe Special Criminal Court found the non-concession of phone ownership had implications for the extent to which they could argue privacy rights had been engaged. (irishtimes.com)
- courtThe Court of Appeal held that the 2011 Act was still the law of the land when the investigation was carried out and enjoyed a presumption of constitutionality. (irishtimes.com)
- courtThe trial court found it was probable, but not proven, that McAreavey knew precisely what his co-accused had been doing. (irishtimes.com)
- courtA seven-judge Supreme Court heard the appeals. (irishtimes.com)
- courtSmyth's counsel argued the evidence was obtained through a systemic breach of law. (irishtimes.com)
- courtSmyth's counsel asked the court to deem the evidence inadmissible and not order a retrial. (irishtimes.com)
- courtThe Court of Appeal held last year that the 2011 Act was still the law of the land when the investigation was carried out. (irishtimes.com)
- courtThe Director of Public Prosecutions was due to make submissions the following day. (irishtimes.com)
- courtThe Court of Appeal found last year that gardaí were entitled to access the mobile phone data that helped secure the convictions. (rte.ie)
- courtThe Supreme Court agreed to hear the further appeals because they raised issues of law of general public importance. (rte.ie)
- courtThe DPP's senior counsel said the case was about the admissibility of evidence. (rte.ie)
- courtThe judges must also decide a separate issue raised by McAreavey about the knowledge or belief the prosecution must prove for assisting an offender. (rte.ie)
- courtThe DPP accepts that phone location data used to secure the convictions was obtained unlawfully. (irishtimes.com)
- courtSmyth and McAreavey ask the court to quash their convictions and to reject the phone data as inadmissible. (irishtimes.com)
- courtBoth men denied the charges and never conceded ownership of the phones attributed to them. (irishtimes.com)
- courtThe Court of Appeal held last year that the 2011 Act was still the law when the investigation was carried out. (irishtimes.com)
- courtThe DPP's lawyers presented their submissions on the second day of the Supreme Court appeals. (irishtimes.com)
- courtThe Supreme Court reserved its decision in the appeals. (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 court found the use of phone metadata as evidence to secure the convictions of Smyth and McAreavey was lawful. (rte.ie)
- courtThe court found the disputed traffic and location data was properly admitted in evidence. (rte.ie)
- courtMcAreavey's conviction was quashed on a different issue. (rte.ie)
- courtFive other Supreme Court judges agreed with the lead judgment, with one dissent from Mr Justice Gerard Hogan. (rte.ie)
- courtMr Justice Maurice Collins concluded that the disputed traffic and location data was properly admitted in evidence in both cases. (thejournal.ie)
- courtMr Justice Gerard Hogan held that the Special Criminal Court and the Court of Appeal erred in admitting the traffic and location data. (thejournal.ie)
- courtThe Supreme Court dismissed the appeal and found that the use of phone metadata as evidence against Smyth and McAreavey was lawful. (thejournal.ie)
- courtThe Supreme Court quashed McAreavey's conviction for assisting an offender. (thejournal.ie)
- courtThe prosecution had failed to prove that McAreavey knew or believed that Smyth was guilty of attempted murder. (thejournal.ie)
- 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)
- sentenceSmyth was jailed for 20 years. (irishtimes.com)
- sentenceMcAreavey received a three-year sentence. (irishtimes.com)
- sentenceSmyth was jailed for 20 years and McAreavey received a three-year sentence. (irishtimes.com)
- sentenceSmyth was jailed for 20 years in February 2021 by the Special Criminal Court. (rte.ie)
- sentenceMcAreavey received a three-year jail sentence. (rte.ie)
- sentenceSmyth was jailed for 20 years for the attempted murder and for possessing a firearm with intent to endanger life. (irishtimes.com)
- sentenceMcAreavey received a three-year term for assisting an offender. (irishtimes.com)
- sentenceSmyth is serving 20 years in prison. (rte.ie)
- sentenceMcAreavey was jailed for three years for helping Smyth burn out the getaway car. (rte.ie)
- otherBoth Smyth and McAreavey denied the charges. (irishtimes.com)
- otherThe Criminal Assets Bureau alleges Gately is heavily involved with an organised crime group. (irishtimes.com)
- otherNeither Smyth nor McAreavey conceded ownership of either phone. (irishtimes.com)
- otherBoth men denied the charges. (irishtimes.com)
- otherThe DPP does not accept a broader breach. (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)
- otherSmyth and McAreavey argued that the data retention and access provisions of the 2011 Act were incompatible with EU law. (thejournal.ie)
- 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- 17 Jun2024Supreme 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 - 17 Jun2024Supreme Court dismisses gunman's appeal over use of phone data
The Supreme Court ruled that the phone metadata was lawfully admitted as evidence against Smyth and McAreavey, and quashed McAreavey's conviction for assisting an offender because the prosecution had not proved he knew or believed Smyth was guilty of attempted murder.
victim, James 'Mago' Gately, irish (judged from name)James 'Mago' Gatelyconvicted, Caolan Smyth, male, named, irish (judged from name)Caolan Smythconvicted, Gary McAreavey, male, named, irish (judged from name)Gary McAreavey - 17 Jun2024Kinahan gunman loses court appeal over use of phone data
Adds the Supreme Court outcome: Smyth lost his appeal against the use of phone data, the court found the phone evidence admissible, and McAreavey's conviction was quashed on a separate issue. Gives Smyth's age as 33 and McAreavey's as 56.
convicted, Caolan Smyth, 33, named, irish (judged from name)Caolan Smythconvicted, Gary McAreavey, 56, named, irish (judged from name)Gary McAreaveyvictim, James Gately, irish (judged from name)James Gately - 17 Jun2024Supreme 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 - 26 Apr2023DPP accepts phone data used to convict men was obtained unlawfully, Supreme Court told
Reports the DPP's concession at the Supreme Court hearing that the phone data was unlawfully obtained, the men's sentences and roles as alleged, and that the court reserved its decision. Adds that the DPP does not accept a broader breach and that the Court of Appeal ruled last year on the 2011 Act.
victim, James “Mago” Gately, male, irish (judged from name)James “Mago” Gatelyconvicted, Caolan Smyth, 30, male, named, irish (judged from name)Caolan Smythconvicted, Gary McAreavey, 55, male, named, irish (judged from name)Gary McAreavey - 26 Apr2023Supreme Court reserves decision on phone data case
Reports the Supreme Court hearing over two days, before seven judges, and that the decision is reserved. Says the outcome may affect Graham Dwyer's bid for a further appeal. Adds the DPP's arguments, McAreavey's separate knowledge-or-belief issue, and the sentences of Smyth and McAreavey.
victim, James 'Mago' Gately, irish (judged from name)James 'Mago' Gatelyconvicted, Caolan Smyth, 30, named, irish (judged from name)Caolan Smythconvicted, Gary McAreavey, 55, named, irish (judged from name)Gary McAreavey - 25 Apr2023Supreme Court urged to reject phone data used to secure men’s convictions
Reports the Supreme Court hearing on 25 April 2023, where Smyth's counsel argued the phone data should be inadmissible and that there should be no retrial. Adds the sentences, the appeal grounds, the alleged roles of each man, and that the DPP would make submissions the next day.
victim, James “Mago” Gately, irish (judged from name)James “Mago” Gatelyconvicted, Caolan Smyth, 30, named, irish (judged from name)Caolan Smythconvicted, Gary McAreavey, 55, named, irish (judged from name)Gary McAreavey - 29 Mar2023Human rights body joins Supreme Court appeals against admissibility of phone data at trials
IHREC joined as participant to make submissions on data retention and access; appeals scheduled for two days from 25 April; Justice Collins directed that the Dwyer Court of Appeal judgment be included in the file as the issues are 'very similar'; details of the phone data evidence and the legal arguments on the 2011 Act outlined.
victim, male, irish (judged from name)convicted, Caolan Smyth, 30, male, named, irish (judged from name)Caolan Smythconvicted, Gary McAreavey, 55, male, named, irish (judged from name)Gary McAreavey - 16 Dec2022[2022] IESCDET 137 Supreme Court: The People at the suit of the Director of Public Prosecutions -V- Caolan Smyth
Supreme Court determination granting leave to appeal. Adds that the Court of Appeal upheld the convictions and that the appeal concerns admissibility of retained telephony data obtained under the Communications (Retention of Data) Act 2011.
convicted, Caolan Smyth, male, named, irish (judged from name)Caolan Smythaccused, Gary McAreavey, named, irish (judged from name)Gary McAreaveyvictim, male