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Dublin man pleads guilty to participating in activities intended to facilitate murder of 'Patsy' Hutch

Five other men, who are charged with conspiring with one or more persons to murder Hutch, had their cases adjourned for seven weeks.
Mar 30th 2020, 2:53 PM 19,794 0

A DUBLIN MAN has admitted participating in various activities intended to facilitate the murder of Patrick “Patsy” Hutch in the capital two years ago.

Mark Capper (21) of Cappagh Green, in Finglas, Dublin 11, was transferred from custody to the non-jury Special Criminal Court today to enter his guilty 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 criminal organisation, or any of its members, to wit the murder of Patrick Hutch within the State between 1 February and 10 March, 2018, both dates inclusive.

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.

Five other men, who are charged with conspiring with one or more persons to murder Hutch, had their cases adjourned for seven weeks.

Each of the five men are also charged with participating in activities intending to facilitate the commission of a serious offence by a  criminal organisation or any of its members, namely the murder of  Hutch within the State between 1 February, 2018 and 28 February, 2018, both dates inclusive.

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), with an address at Avondale House, Cumberland Street, Dublin 1, Patrick Curtis (38) and his brother Stephen Curtis (32), both of Bellmans Walk, Seville Place, Dublin 1 and Mohammed Smew (27), with an address at Milners Square, Shanowen Road, Santry, Dublin 9.

Patrick Curtis and Burns are also facing charges of directing the activities of a criminal organisation between 1 February, 2018 and 10 March, 2018.

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 10 March, 2018 at Meile An Ri Road, Balgaddy, Clondalkin, Dublin 22.

Barrister John Moher, who was standing in for a number of his colleagues in the Special Criminal Court today, 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.

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“Six to eight weeks,” suggested another barrister.

“We’ll call it seven,” the judge said, fixing 18 May 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 18 May 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.

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Ruaidhrí Giblin

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