Gardai at the scene of the shooting incident in Sixmilebridge | FILE PHOTO
A judge has imposed a lengthy prison sentence on the getaway driver in the attempted murder of a Clare man who was out celebrating his 21st birthday during a music festival in Sixmilebridge.
At Ennis Circuit Court, Judge Francis Comerford imposed a five year and eight month prison term with the final 16 months suspended on father of two, Caoibhlen McMahon.
Mr McMahon, aged 27, of Dun Aile, O’Callaghan’s Mills was the getaway driver in the attempted murder of Daniel Harty Junior at Pound Street, Sixmilebridge on January 18, 2020.
Judge Comerford imposed a separate prison term of two years and four months on horse trainer for ‘sulky races’ William McInerney of Keladerra, Bodyke who had agreed to ‘clean’ the BMW X5 which used on the night but who did not proceed with it after hearing it was used in an attempted murder.
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Last month, the High Court approved an application, made by the Criminal Assets Bureau, to seize Mr McInerney’s Keladerra home in Bodyke after ruling that it was purchased from the proceeds of crime.
Judge Comerford imposed the prison terms on both men after they pleaded guilty to 'participating or contributing' to the activities of a criminal organisation.
In October of last year at the Central Criminal Court, leader of the criminal organisation and convicted drug dealer, Tony McInerney, aged 29, formerly of Glenina, Gort Road, Ennis received a 17-year jail term for the attempted murder of Mr Harty.
Det Sgt Kevin O’Hagan told Ennis Circuit Court that an innocent by-stander received a gun shot in the buttocks and that festival goers in Sixmilebridge went for cover as Mr McInerney and a second shooter got out of the BMW X5 to give chase and shoot Mr Harty shortly after midnight on January 18, 2020.
Det Sgt O'Hagan said that the BMW X5 was 'patrolling' the streets of Sixmilebridge on the lookout for Mr Harty as part of the "well-organised operation".
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He said that nine shots were discharged and that three hit Mr Harty in the back, abdomen and shoulder.
Mr Harty survived the attack on his life after finding cover behind a wall and Mr McMahon picked up Mr McInerney and the second man before making their getaway.
Det Sgt O’Hagan said that Mr Harty, who was in hospital for a long period, required the use of a colostomy bag for two years and underwent bowel reconstruction surgery. He was subsequently diagnosed with Post Traumatic Stress Disorder (PTSD).
He told the court the background to the shooting was a €2,500 drug debt allegedly owed by Mr Harty to Mr McInerney and a 'back and forth' on social media over a woman.
The detective sergeant said that in the middle of 2019, Mr McInerney had called to the Harty family home in Shannon and introduced himself as Tony McInerney and told Danny Harty’s father that Danny Jnr owed him €2,500 for a drug debt.
Counsel for the State, Lorcan Connolly SC, instructed by State Solicitor for Clare, Aisling Casey, said that Tony McInerney said to Mr Harty Snr “if he didn’t receive the money, he was going to spray his house and shoot his son”.
Det Sgt O’Hagan said Mr Harty Snr followed Tony McInerney with a sweeping brush and Mr McInerney ran away from him to the car that dropped him off.
He added that Danny Harty Jnr was in Sixmilebridge on the night of January 17 to celebrate his 21st birthday with two friends.
One of those two men, he said, is “a significant person” in the garda investigation relating to communications with others on the night.
In evidence, Det Sgt O’Hagan accepted that William McInerney did not realise what the BMW jeep was going to be used for. He stated that William McInerney said that when he heard about the shooting the following day on the news “and he realised that this was the vehicle".
Det Sgt O’Hagan stated that William McInerney “was concerned and wouldn’t have anything more to do with the vehicle”.
He commented: “William McInerney had a poisoned chalice in the yard and he didn't know what to do with it.”
Det Sgt O’Hagan said that gardai were able to recover gun residue from the uncleaned jeep that linked the jeep to the Harty shooting.
The court was told that William McInerney has 43 previous convictions that are historic in nature and include a large amount of road traffic.
Det Sgt O’Hagan said that accepted that Mr McMahon - who has 19 previous convictions - felt under duress from Tony McInerney to become involved.
The detective sergeant said: “Tony McInerney being the person he is, he felt it was very difficult to say no."
He stated that Tony Mcinerney was the leader of the Organised Crime Group and its main field of business was the sale and supply of drugs in Clare and wider area.
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On William McInerney and Caoibhlen McMahon's roles, Det Sgt O’Hagan said: “While they did not know what their part was going to be in it they were a party to the organisation."
He said: “They had a small part to play. They were definitely at the lower end of the scale of this organisation."
Det Sgt O’Hagan said that the shooting of Danny Harty “was well organised and planned”.
He said: “The vehicle was secured, there were separate phones to be available for the night, they had firearms, they had the means of getting rid of them afterwards and they had a plan for the vehicle."
Of the others suspected to be involved on the night in question, Det Sgt O’Hagan said: “We will be here with other persons at some date in the future."
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