Man accused of attempted murder of Hutch associate James Gately

Caolan Smith from Donore, Co Meath accused over shooting at garage in north Dublin

Caolan Smith  appeared before Judge Geraldine Carthy at Dublin District Court.
Caolan Smith appeared before Judge Geraldine Carthy at Dublin District Court.

A 27-year-old man has been remanded in custody after he was charged with attempted murder of Hutch associate James Gately in a drive-by shooting in Dublin.

Mr Gately, a father-of-two from north inner city Dublin was injured but survived after he was shot five times at a Topaz garage in Clonshaugh, north Dublin, on May 10th, 2017.

Mr Gately (31) was shot in the neck and upper chest while sitting in a car. A number of shots hit a bullet proof vest he was wearing at the time.

Caolan Smith, with an address at Cuileann Court, Donore, Co Meath was arrested, and charged on Friday at Coolock Garda station.

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He was then brought to appear before Judge Geraldine Carthy at Dublin District Court.

He is accused of attempted murder of Mr Gately and unlawful possession of a firearm.

Detective Garda Finbar Fleming said the accused, “had no reply after caution and was given a true copy of the charge sheet”.

Defence barrister Keith Spencer told Judge Geraldine Carthy that due to the nature of one of the charges, a bail application can only be made in the High Court.

Mr Smith, dressed in a black jacket and jeans, did not address the court and has not yet indicated how he will plead.

Legal aid was granted and Judge Carthy remanded him in custody to appear at Cloverhill District Court next Friday.

Mr Spencer said a bail application will be made in the High Court and gardai have agreed to notify the defence in writing of any objections.

Co-accused, Gary McAreavy (52), from Gort Nua, Station Road, Castlebellingham, Co Louth faces a connected charge of impeding a prosecution, at Newrath, Dromiskin, Co Louth on May 10th, 2017.

He sat silently during the hearing and faced no objection to bail, subject to strict conditions sought by Detective Sergeant Kevin Rooney.

The sergeant said Mr McAreavy also made no reply when charged. He had been arrested at his home on Thursday.

His solicitor James McGuill told the court his client was on disability benefit and lived with his wife and children. He had not had not fled the jurisdiction and had been aware of the investigation for the last two and a half years.

A statement of his means was handed in to court before he was also granted legal aid.

Judge Carthy set bail in his own bond of €1,000 of which €500 has to be lodged. He was ordered to sign on daily at Dundalk Garda station, to provide gardai with a contact phone number, and obey a 9pm-7am curfew.

His solicitor said bail would be taken up later. He was also granted legal aid and remanded in custody with consent to bail to appear at Cloverhill District Court next Friday.