A man has pleaded guilty to participating in activities intended to facilitate the murder of Patrick ‘Patsy’ Hutch in Dublin two years ago.
Mark Capper (31), of Cappagh Green, Finglas, Dublin 11, was transferred from custody to the non-jury Special Criminal Court on Monday to enter his plea.
Capper 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 organisation, or any of its members, to wit the murder of Mr Hutch in the State between February 1st and March 10th, 2018.
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 organisation, and/or moving one or more motor vehicles for subsequent use by the organisation, and/or carrying out repairs to one or more vehicles for subsequent use, and/or carrying out reconnaissance on behalf of the criminal organisation and/ or planning or assisting in planning the intended shooting of Mr Hutch.
On the basis that it was entered on a full facts basis, Capper’s plea was sufficient to “meet the case”, according to Seán Gillane SC, for the Director of Public Prosecutions.
Mr Justice Tony Hunt accepted that Capper’s guilty plea “must be regarded as early”. He remanded Capper to appear before the court again on May 11th for a sentence hearing.
Five other men, who are charged with conspiring to murder Mr Hutch, had their cases adjourned for seven weeks. They are also charged with participating in activities intended to facilitate the commission of a serious offence by a criminal organisation or any of its members, namely the murder of Mr Hutch, within the State between February 1st, 2018 and February 28th, 2018.
They are also charged with conspiring with one or more persons to commit a serious offence, to wit, the murder of a person unknown within the State on the same occasion.
They are Michael Burns (43), of no fixed abode; Ciaran O’Driscoll (24), of Avondale House, Cumberland Street, Dublin 1; Patrick Curtis (38) and Stephen Curtis (32), both of Bellmans Walk, Seville Place, Dublin 1; and Mohammed Smew (27), of Milners Square, Shanowen Road, Santry, Dublin 9.
Patrick Curtis and Mr Burns are also facing charges of directing the activities of a criminal organisation between February 1st, 2018 and March 10th, 2018.
Mr Burns is further accused of possession of a firearm silencer/suppressor and five rounds of 9mm parabellum calibre ammunition in such circumstances as to give rise to a reasonable inference that he had not got them in his possession for a lawful purpose on March 10th, 2018 at Méile An Rí Road, Balgaddy, Clondalkin, Dublin.
Barrister John Moher, who was standing in for a number of his colleagues in the Special Criminal Court on Monday, sought a further remand in custody for several of the accused, and he suggested a four-week adjournment.
Mr Justice Tony Hunt, presiding at the three-judge court, said he did not think four weeks was enough.
“Six to eight weeks,” suggested another barrister.
“We’ll call it seven,” the judge said, fixing May 18th as the date for their next appearances.
The court made custody production orders for each accused, meaning they will be physically transported to court on May 18th from remand, “in the hope we’re back to some normality” by then, the judge said. The five had appeared via video link to hear of the adjournment.
Mr Justice Hunt, presiding alongside Judge Sinéad Ní Chúlacháin and Judge Gerard Griffin, gave liberty for each accused to apply for an earlier court date for whatever reason.