'Mr Fishy' terrorised family during home invasion while out on bail, court hears
A violent offender who provided the getaway cars used by an organised crime gang in the attempted murder of Dublin criminal Gary Carey went on to terrorise a family during a home invasion while out on bail, a court has heard.
Lawyers for Patrick Fitzgerald (48) – who is known as 'Mr Fishy' - asked the Central Criminal Court on Monday to consider the issue of totality when passing sentence, so as to ensure his prison term will not be "intolerable".
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Fitzgerald was initially charged with the attempted murder of Mr Carey (35) at Ballyfermot Crescent, Ballyfermot, Dublin 10 on November 17th, 2021 but earlier this month pleaded guilty to facilitating a criminal organisation.
The court heard that Fitzgerald, who has 72 previous convictions, had issues with drug addiction in the past and had been a 'habitual user of cocaine'.
Last February he was jailed for seven and a half years after a court heard he was part of a gang that invaded a family home in the early morning, terrorising a couple in their 70s, their daughter and a six-year-old child.
Mr Carey survived the attack on his life but was subsequently fatally injured in a separate shooting seven months later.
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In victim impact statements read to the court on their behalf, Mr Carey's family said they had been left 'devastated' by the attempt on his life.
'In one moment, these people changed our lives forever,' his daughters Shauna and Shanice said.
At a sentencing hearing on Monday, Det Sgt Ronan McDermott from Ballyfermot Garda Station told prosecuting senior counsel Ronan Kennedy that on the evening of November 17th, 2021 Mr Carey was in the company of an associate at a house in Ballyfermot Crescent in Dublin.
At around 7:30pm, Mr Carey left the property and got into his car but as he attempted to leave the driveway his path was blocked by a black Opel Zafira with two unidentified occupants on board.
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Ten shots were fired from the Zafira into the windscreen of Mr Carey's car and he sustained two gunshot wounds to his torso.
The victim managed to exit the vehicle, run back through the house and climb over a wall in the rear garden of another property where he remained until gardaí and ambulance crew arrived.
He was brought to St Jame's Hospital where he underwent surgery and remained in hospital until November 21st.
Having survived the attempt on his life, Mr Carey relocated his family to Spain where he lived for a period of time, the court heard. Following his return to Ireland there was another attempt on his life on June 24th, 2022 and he died from his injuries on August 5th that year.
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Det Sgt McDermott confirmed to counsel that Mr Carey was known to gardai and it was believed he had 'fallen foul' of an Organised Crime Group (OCG) based in Ballyfermot who were involved in the large-scale sale, supply and distribution of drugs and serious firearm activity.
The court heard that after the shooting in November 2021, the Zafira fled in the direction of Ballyfermot parade, where it was burned out. The two shooters then drove off in a gold Toyota Avensis which had been parked up at this location as a second getaway vehicle.
This vehicle was subsequently found burned out in Finglas.
Audi A4
Det Sgt McDermott said that the Zafira had been purchased through Done Deal and the seller told gardaí that the man who bought the car had arrived in a blue Audi A4. The phone used to purchase the vehicle was subsequently attributed to the defendant by gardaí.
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Mr Kennedy said the gold Toyota Avensis was also purchased through Done Deal and the number used to make the purchase was the same number attributed to Mr Fitzgerald.
The following day, CCTV showed Fitzgerald filling up two Jerry cans at a petrol station and subsequently filling the Avensis with the fuel.
Shortly after 10.30pm on the night of the shooting, the court heard CCTV footage shows Fitzgerald getting out of a taxi and into the Avensis, which is then driven away and is burned out in a laneway near the Willow's Pub in Finglas.
Mr Kennedy said the defendant was involved in the purchase and storage of the cars and this was corroborated by CCTV and phone evidence.
The defendant was arrested on December 17 that year and exercised his right to silence during the course of ten interviews.
Det Sgt McDermott confirmed that the shooting was carried out by the crime group, who are based in Ballyfermot and are involved in the sale, supply and distribution of drugs both nationally and internationally. The group are also involved in serious firearm activity up to and including murder, the court heard.
The Det Sgt also agreed with Mr Kennedy that Fitzgerald is known as 'Mr Fishy' and has a partner and four children.
He said the defendant has 72 previous convictions, including aggravated burglary, false imprisonment, assault causing harm, theft, violent disorder and numerous road traffic offences. Det Sgt McDermott said Fitzgerald was sentenced to seven and a half years imprisonment in February this year in relation to the aggravated burglary, which took place in August 2023.
Fitzgerald was on bail for this offence when the aggravated burglary occurred.
Mr Kennedy told the court that the maximum sentence for an offence of this type is 15 years.
Bernard Condon SC, representing Fitzgerald, said this would have been a complex case involving significant amounts of technical evidence. He said there was no doubt the plea of guilty was of value to the prosecution.
He said his client had difficulties with drugs in the past and was brought up by his sister after both his parents died when he was a teenager.
Counsel said Fitzgerald worked as a pot washer for a while before he 'began to drift' and his difficulties with drugs began in his late 20s.
Mr Condon said Fitzgerald became a 'habitual user of cocaine' and he struggled with this addiction until 2014, when he got clean and 'life went well' for a period before he relapsed in 2020.
He said Fitzgerald has been doing in prison and was attempting to turn his life around.
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Mr Condon said there was no statutory requirement for the court to make the sentence consecutive to the term Fitzgerald is already serving. However, he said if the court did plan to go down this route, he asked that it consider the issue of totality.
'I would ask the court to substantially deduct from whatever the sentence is so the final sentence would not be intolerable,' he said.
Ms Justice Eileen Creedon adjourned the matter to July 7th.
Fitzgerald, with an address at Glenties Park in Finglas, Dublin 11, pleaded guilty that between November 11th 2021 and November 18th 2021, both dates inclusive, in the State, with knowledge of the existence of a criminal organisation, did participate in or contribute to activities intending to facilitate the commission by the said criminal organisation of a serious offence.
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