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'crucial' evidence Mago murder-plot accused denies garda photos were taken at the time they said


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Douglas Glynn

Douglas Glynn

Mago Gately

Mago Gately

Imre Arkas

Imre Arkas

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Douglas Glynn

A man accused of assisting in a Kinahan cartel murder plot denies that two photographs which are "crucial" to the case against him could have been taken at the time, date and location put forward by the prosecution, the Special Criminal Court has heard.

Douglas Glynn (37), of Fitzgibbon Court, Dublin 1, has pleaded not guilty to placing a tracker device on James 'Mago' Gately's car in Belfast in April 2017.

Dominic McGinn SC, prosecuting, has told the court that it is the State's case that there was "an ongoing plan" to target Mr Gately because he was a "allegedly a member of a rival organisation" to those targeting him.

Detective Sergeant David Carolan has told the court he was aware Mr Gately was involved "in a feud with the Kinahan organised crime group" and that Mr Gately "had a wider association with the Hutch organised crime group". He said that Mr Gately was "being targeted by the Kinahan organised crime group at the time".

The charge alleges that between December 7, 2016, and April 6, 2017, both dates inclusive, within and outside the State, with knowledge of the existence of a criminal organisation, and with the intention of enhancing the ability of the said criminal organisation, or any of its members, to commit a crime or a serious offence, namely the murder of James Gately, he participated in or contributed to activities connected with the said offence.

Yesterday at the non-jury court, Shane Costelloe SC, defending, said that one of the National Surveillance Unit (NSU) witnesses "purportedly" took two photographs of his client at a time "crucial" to the prosecution's case.

Mr Costelloe said that the defence had sought disclosure regarding whether or not the camera or device used in taking the photos had a GPS function, because his client denied it could have been taken at the time, date and location put forward by the prosecution.

Mr McGinn said that the date and time of the photos had been provided to the defence but that there was "no geo-location available" and that privilege was being claimed in regard to what type of device was used in taking the photographs.

Mr Costelloe said that he did not care if the device was "a potato" but that he wanted to know if there was a GPS facility on the device.

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Mago Gately

Mago Gately

Mago Gately

An NSU witness, referred to as 'AG', said he was unaware if there was any record regarding location kept on the photographic device, but added he was not a technical expert.

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Presiding judge Mr Justice Hunt said that the court would make no order "at the moment" to get a technical expert to examine the device.

NSU member 'BZ' told Mr McGinn he had been told over his radio that a male had got out of a blue Peugeot people carrier at Ashtown and that he had then photographed a male walking on the footpath toward the Navan Road.

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Imre Arkas

Imre Arkas

Imre Arkas

BZ told Mr Costelloe that he had tailed the Peugeot from between Dundalk and Castlebellingham in Co Louth from about 12.50pm on March 30 until it turned off the roundabout for Martin Savage Park in north Dublin.

The witness said he then received information a male had alighted the vehicle and he then photographed a male.

Mr Costelloe asked why only two photographs were taken and was told by BZ that "six or seven" may have been taken.

After making enquiries, Mr McGinn apologised to the court and said that more photos had been taken but that the investigation team was "unaware" of this.

Mr Justice Hunt, sitting with Ms Justice Sarah Berkeley and Mr Justice Cormac Dunne adjourned the matter until Tuesday for the production of the photos, warning on disclosure issues that "this cannot happen again".

Before surveillance evidence was called yesterday, Mr McGinn applied to the three-judge court for it to be cleared of the public and the media due to both the nature of the work and the identities of surveillance gardaí.

Mr McGinn said his application on behalf of Detective Superintendent Ciaran Hoey was that the identity of NSU members and their work should be "protected from public scrutiny" and that this included the media.

Mr Justice Hunt said there was "nothing wrong" with the media being present to report as long as there was no identification of the NSU members.

Stephen Fowler (62), of Blakestown Cottages, Clonsilla, and David Duffy (33) of Greenfort Lawns, Clondalkin, have already been jailed for providing logistical support to the plot to murder Mr Gately.

Estonian hitman Imre Arakas (63) was jailed by the Special Criminal Court for six years in December 2018 after he admitted conspiring with others to murder Mr Gately.

In September, Peter Keating (40) of Rowlagh Green, Clondalkin, Dublin 22, was jailed for 11 years after he pleaded guilty to directing the activities of a criminal organisation.

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