A Kinahan cartel foot soldier “poured cold water on” and withdrew from a plan to murder Patrick “Patsy” Hutch, the Special Criminal Court heard.
During the sentence hearing for Mark Capper (31), the non-jury court heard evidence on how the Kinahan gang operates a hierarchical structure, with compartmentalised “sub-cells” acting independently from one another.
The arrival of Storm Emma scuppered the gang’s first bid to murder Mr Hutch, the court also heard.
Mark Capper (31) of Cappagh Green, in Finglas, Dublin 11, pleaded guilty to having knowledge of the existence of a criminal organisation and participating in activities intended to facilitate the commission of a serious offence by that criminal organisation, or any of its members, to wit the murder of Patrick Hutch within the State between February 1st and March 10th, 2018, both dates inclusive.
Det Supt Dave Gallagher told the Special Criminal Court on Monday he was satisfied the criminal organisation that targeted Mr Hutch was the Kinahan gang.
He said the Kinahan gang was a criminal organisation involved in serious offences, including murderous feuds, and drug and firearms trafficking.
Det Supt Gallagher told the court that the gang developed sub-cells with members who were given activities to carry out by the higher level.
He said there were further hierarchical structures within the different cells, while each group would not be aware of what the other sub-cells were doing.
Det Supt Gallagher told the court the sub-cells operate to “benefit and enhance the capabilities” of the criminal organisation.
The cell assigned to murder Patrick Hutch involved up to 10 people, the detective told the court. The plan to murder Mr Hutch involved a ruse to lure him from his home and included participants such as a spotter to give the hit team a signal when he did and the gunman, who would be taken to the scene on a motorbike.
Det Supt Gallagher agreed with counsel for the defence, Mr Seamus Clarke SC, that Capper was a “foot soldier” in the organisation and had financial problems.
He was one of a number of cell operatives put under surveillance by the Garda’s Drugs and Organised Crime Bureau, the court heard.
Audio surveillance of a vehicle recorded Capper asking Michael Burns – who has also pleaded guilty to the same offence – for a loan of €50, which he was refused.
Capper was heard telling Mr Burns he wouldn’t be sitting in the back of the car if he had any money, the court heard.
Det Supt Gallagher told the court that this shed light on Capper’s financial motivation.
On February 27th 2018, Capper was heard on audio surveillance expressing concerns about the plan and also about the garda protection post located at Champions Avenue in Dublin, near Patrick Hutch’s home.
Det Supt Gallagher told the court that Capper expressed a reluctance to carry out the murder on February 28th 2018 and said he wanted more time.
Mr Burns is heard telling Capper, “I don’t think you are up for this pal, I genuinely don’t”.
The original plan was scuppered because of Storm Emma and the attempted murder was postponed until March 10th, 2018, the court heard.
Det Supt Gallagher agreed that there were reservations expressed by other members of the gang about Capper’s involvement and they were not happy with his commitment to the plan.
Counsel for the defence Mr Clarke told the court that Capper poured cold water on the plan and Det Supt Gallagher agreed the defendant had challenged the plan.
Det Supt Gallagher agreed he expressed concerns about feeling it was a bit rushed and about the time frame.
Mr Clarke said another member of the gang referred to Mr Capper as an “eejit”.
Capper pulled out of the attempted murder plans three days before the plot was foiled by gardaí who swooped on the gang on March 10th 2018.
Det Supt Gallagher said Capper was not a subject of the investigation days before the attempted murder of Mr Hutch as he was dissatisfied with the plan and others involved were dissatisfied with him.
The court heard that Capper has 65 previous convictions and suffered with a drug addiction problem.
Capper was diagnosed with ADHD from a young age, had an IQ of 63 when he was 13 years old and attended a school for pupils with learning disabilities.
The single count to which Capper pleaded guilty includes providing or assisting in the provision of one or more motor vehicles for use by the criminal organisation and/or moving one or more motor vehicles for subsequent use by one or more members of the criminal organisation and/or carrying out repairs to one or more vehicles for subsequent use by one or more members of the criminal organisation and/or carrying out reconnaissance on behalf of the criminal organisation and / or planning or assisting in planning the intended shooting of Patrick Hutch.
Meanwhile, Michael Burns (43), of no fixed abode, pleaded guilty on Monday to participating in the activities of a criminal organisation contrary to Section 72 of the Criminal Justice Act 2006 between February 1st, 2018 and March 10th, 2018, inclusive, within the State with knowledge of the existence of a criminal organisation, participated in activities intending to facilitate the commission of a serious offence by a criminal organisation or any of its members, namely the murder of Mr Hutch.
The count Mr Burns pleaded guilty to includes passing instructions to one or members of the criminal organisation, and/or acting as a conduit for communications between member of the criminal organisation, and/or providing assistance in the provision of one of more mobile phones for use by the criminal organisation, and/or purchasing or assisting in purchasing one or more sim cards for mobile phone, and/or purchasing or assisting in the purchase of one or more credit top for mobile phones, providing or assisting in the provision of one or more vehicles for use by a criminal organisation.
He also admitted transporting one or more members of a criminal organisation, moving one or more vehicles for subsequent use by one or more members of a criminal organisation and planning or assisting in planning the intended shooting of Mr Hutch.
Presiding judge Mr Justice Tony Hunt, sitting with Judge Sarah Berkeley and Judge Dermot Dempsey, said the sentencing of Capper would be finalised on June 9th.