Courts

Trial opens of man alleged to have topped up mobile phone used in murder of Christopher ‘Noel’ Kirwan

Michael Crotty (40) has pleaded not guilty to helping to facilitate Mr Kirwan’s murder in 2016

Michael Crotty failed to account for the purchase of the mobile phone top-up in a garda interview, the court heard. Photograph: Collins Courts

Eoin Reynolds
Wed Jan 17 2024 - 16:12

A man who has no previous criminal convictions is alleged to have topped up a mobile phone that was used in the murder of Christopher ‘Noel’ Kirwan, an innocent man who was mistakenly linked to the Regency Hotel shooting.

Michael Crotty is on trial before the three-judge, non-jury Special Criminal Court accused of facilitating Mr Kirwan’s murder by topping up the mobile phone. He has pleaded not guilty. Senior Counsel Dominic McGinn, for the Director of Public Prosecutions, told the court that Mr Kirwan was shot dead as he sat in his Ford Mondeo car outside his Dublin home just after 5pm on December 22nd, 2016.

The background to the shooting, counsel said, was the attack at the Regency Hotel when David Byrne was shot dead and a number of others were injured after gunmen opened fire during a boxing weigh-in in 2016.

Mr McGinn said that attack led to a number of reprisals and “it appears, perhaps mistakenly, Noel Kirwan was thought to be connected to those who carried out the Regency [attack]”.

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Mr McGinn said gardaí investigating Mr Kirwan’s shooting found a tracker device attached to the bottom of his car. Counsel described how the prosecution contends that this device was used to track Mr Kirwan’s movements for a period leading up to the attack. Mr McGinn also told the court about three prepaid, unregistered mobile phones which the prosecution alleges were linked to the shooting.

Two of those became active one day before the shooting and ceased all activity a little over one hour afterwards. He said the prosecution would show that when the phones were in use they were in proximity to the scene of the murder. Counsel said Mr Crotty purchased a top-up for the third phone at a Spar shop in Naas, Co Kildare at 17.49 on December 21st, one day before Mr Kirwan’s murder.

Mr McGinn said Mr Crotty made the purchase knowing or being reckless as to whether it would be used in the commission of a serious crime. Mr Crotty was arrested on March 2nd, 2021 and questioned by gardaí. Mr McGinn said the accused answered some questions but the court will be entitled to draw inferences from his failure to account for the purchase of the mobile phone top-up.

Senior Counsel Padraig Dwyer, for Mr Crotty, told the court that his client has no previous convictions and engaged “extensively” with gardaí during interviews following his arrest.

Mr Crotty (40), of Slí Aonghusa, Aras na Rí, Cashel, Co Tipperary has pleaded not guilty to the single charge of helping to facilitate Mr Kirwan’s murder on a date between October 20th, 2016 and December 22nd, 2016.

Ms Justice Caroline Biggs, presiding, with Judge Sarah Berkeley and Judge Gráinne Malone will consider a media application tomorrow to set aside reporting restrictions in relation to a party mentioned in court during today’s hearing but who is not before the courts. This man, referred to only as AB in evidence during the trial, cannot be identified on foot of a ruling by the court.

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