Duo jailed for facilitating criminal organisation in fatal shooting

Two men who facilitated a criminal organisation in the unexplained fatal shooting of a man who had no links to crime have received combined jail sentences totalling 16½ years at the Central Criminal Court.

One of the two, Charles McClean, will begin his 8½-year sentence after he has served an eight-year term from a previous conviction for conspiring to murder gangland figure Wayne Whelan.

The court had heard during this month’s sentencing hearing that the victim and father-of-five Thomas McCarthy, who was shot dead at his mother’s home in Dublin more than two years ago, had been due to return to his home in England just hours later, was not known to have any involvement in criminality and that there was “no explanation” for what had happened. McCarthy had suffered nine gunshot injuries.

Gunned down

Charles McClean (34), of St Mark’s Drive, Clondalkin, Dublin, and Mark Lee (32) from Balgaddy in Lucan, Co Dublin, admitted facilitating a criminal organisation in the fatal shooting of McCarthy who was gunned down when he answered the door at his mother’s house in Ballyfermot on July 27th, 2020.

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McCarthy’s mother, who witnessed the shooting, had previously described her 55-year-old son as “the kindest, most generous person” who had a “heart of gold”. Pauline McCarthy said nothing could describe the “complete devastation” and the “heartache and loss” her son’s death had caused the family. Ms McCarthy made her comments in a victim-impact statement read to the court on her behalf during a sentencing hearing earlier this month.

McClean pleaded guilty that between January 25th and July 27th, 2020 inclusive, with knowledge of the existence of a criminal organisation, he intentionally or recklessly committed an act to facilitate the murder of McCarthy. Lee admitted the same charge between July 26th and July 27th, 2020.

Charles McClean has 20 previous convictions, including conspiracy to commit murder over the September 2019 attempted murder of Wayne Whelan, for which he received an eight-year sentence. Whelan survived the murder attempt but was subsequently shot dead following another attack in November 2019.

Mr Justice Paul McDermott said on Thursday that it would be a failure on the court’s part to run McClean’s 8½-year sentence for the facilitation offence into his conspiracy to commit murder sentence. This was the second offence committed by him where the purpose was to kill, the judge said, adding that he had embarked upon it within a short time of the other offence.

The court found McClean had engaged in two very serious crimes and must pay a penalty for both. Accordingly, the judge said the defendant’s 8½-year sentence for facilitation would run consecutively to the eight-year sentence he is presently serving for conspiracy to commit murder.

The judge noted McClean was an important actor in the carefully planned murder of McCarthy, that the evidence established he had given a cue to the shooter when to strike and that he was highly involved in the setting up of the deceased for assassination.

Before delivering the sentence the judge said McCarthy was living in the UK with his partner for 35 years and had returned home to visit his family and his mother who lived at the address in Ballyfermot. The judge said gardaí had received no motive for the murder of McCarthy and he was not known to them for any criminal behaviour.

Planned assassination

He added: “The murder was premeditated and those involved knew what was intended and were fully committed to their extended roles. Their involvement was essential to the success and completion of the attack”.

Referring to Lee, the judge said the defendant had played a very significant role in the matter months prior to the offence and had very little interest in the identity of the person to be murdered. “It was a gang effort, he was loyal to the group. He showed little or no empathy for the deceased’s family and participated in full knowledge of this vicious and carefully planned assassination,” he said. While Lee was said to be lower down the level of the criminal organisation, the judge said the organisation were able to rely on him for loyalty for its murderous purpose.

Having regard to the gravity of the offence, the judge set a headline sentence of 13 years for Lee. In mitigation, the court took into account Lee’s guilty plea which he said saved the Director of Public Prosecutions from a difficult and lengthy trial and had also assisted the McCarthy family to some degree as they did not have to sit through the ordeal of a lengthy trial.

The judge said Lee was assessed as having a high risk of reoffending and had limited motivation to change his current lifestyle. Lee was sentenced to nine years in prison with the final 12 months suspended for a period of three years.