A KINAHAN CARTEL foot soldier “poured cold water on” and withdrew from a plan to murder Patrick ‘Patsy’ Hutch, the Special Criminal Court heard today.

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 1 and March 10, 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.

Detective Superintendent Dave Gallagher told the Special Criminal Court today he was satisfied the criminal organisation that targeted Hutch was the Kinahan gang.

Det Gallagher said that the criminal gang has a hierarchical structure with sub cells where people were allotted specific roles. He agreed with counsel for the defence that Capper was a “foot soldier” and had financial problems.

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 Burns he wouldn’t be sitting in the back of the car if he had any money.

Detective Gallagher told the court today that this shed light on Capper’s financial motivation as he was struggling to obtain €50.

Defence counsel told the court that Capper poured cold water on the plan and withdrew from the plan to conspire to murder Hutch.

Detective Gallagher said Capper was not a subject of the investigation the day before the attempted murder of Hutch as he was dissatisfied with the plan and with the others involved.

Meanwhile, Michael Burns (43), of no fixed abode, pleaded guilty today 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, both dates 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 Hutch.

The count 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 of 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 Hutch.

Capper will be sentenced on 9 June. 

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