THE KINAHAN CRIME organisation carries out execution-style murders and traffics drugs and firearms on an international scale, the Special Criminal Court has found.

Mr Justice Tony Hunt today said the non-jury court accepted garda evidence on the organisation and structure of the cartel as he jailed a “foot soldier” for seven-and-a-half years for helping to plan the murder of Patrick “Patsy” Hutch.

Sentencing Mark Capper at the non-jury court today, Mr Justice Hunt said the defendant “knew well” what was contemplated by his associates and he had a “shrewd appreciation” of the detail and methodology to be used in the proposed murder. He was also capable of expressing doubt as to the details of the proposed plan.

The judge said the 31-year-old’s conduct was intentional as opposed to reckless and he was initially prepared to serve on the front line and offered ideas towards the plan to murder Hutch. There is no doubt he was aware of the nature and structure of the Kinahan organisation, he added.

Referring to the Kinahan criminal organisation, Mr Justice Hunt said the court accepted the evidence that it is a criminal organised crime gang involved in execution-style murders in the context of feuds as well as the trafficking of drugs and firearms on an international scale.

The Special Criminal Court further accepted that the crime gang operated a hierarchical structure with sub-cells engaged to advance its core activities and where directions were issued by superiors within this hierarchy.

Capper was sentenced to eight years and three months imprisonment with the final nine months suspended, backdated to 5 December 2019, when he went into custody.

Capper, who admitted helping the organised crime group with a plan to kill Patrick Hutch, the older brother of the leader of the rival Hutch organised crime group, pulled out three days before the attempted murder.

Capper of Cappagh Green, in Finglas, Dublin 11, pleaded guilty in March 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.

During the sentence hearing for Capper earlier this month, the non-jury court heard evidence on how the Kinahan gang operates a hierarchical structure, with compartmentalised “sub-cells” acting independently from one another as well as its involvement.

The three-judge court also heard that Capper was hired by the Kinahan organised crime group and the arrival of Storm Emma had scuppered the gang’s first bid to murder Mr Hutch.

Capper has 65 previous convictions and suffered with a drug addiction problem. He 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.

In July 2019, a three-man “hit for hire team” received sentences totalling 36.5 years at the Special Criminal Court for planning to kill Patrick “Patsy” Hutch before they were intercepted by gardai just 250 metres from their target’s home in Dublin’s north inner city.

Gary Thompson (35) and his brother Glen Thompson (25) were each jailed for 12 years and six months. A third man, Afghan war veteran Robert Browne (36) was sentenced to 11 years and six months in prison.

Gary Thompson, with an address at Plunkett Green in Finglas, Dublin 11, his brother Glen Thompson, of Plunkett Drive, also in Finglas, and Robert Browne, of Phibsboro Road in Phibsboro, Dublin 7 admitted to unlawful possession of four firearms with intent to endanger life at Belmont Hall Apartments, Gardiner Street, Dublin 1 on 10 March 2018.

The four firearms included a 9mm Rak sub-machine gun, a .38 Special Calibre Rossi Make Revolver, a 9mm Beretta 92 semi-automatic pistol and a 9mm Makarov semi-automatic pistol.