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”.
Fitzgerald, with an address at Glenties Park in Finglas, Dublin 11, 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 on Monday that Fitzgerald, who has 72 previous convictions, had issues with drug addiction in the past and had been a “habitual user of cocaine”.
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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.
In victim impact statements read to the court on Monday 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.
“From that night we lost our sense of community as we no longer felt safe anywhere,” they said. “We got nervous when cars pulled up with tinted windows…worrying will these criminals come back? Will they hurt us?”
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.
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 James’ 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 5 that year.
Det Sgt McDermott confirmed to counsel that Mr Carey was known to gardaí 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.
He said the defendant has 72 previous convictions, including aggravated burglary, false imprisonment, assault causing harm, theft, violent disorder and numerous road traffic offences.
Mr Kennedy told the court that the maximum sentence for an offence of this type is 15 years.
Bernard Condon SC, representing Fitzgerald, 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. He said there was no doubt the plea of guilty was of value to the prosecution.
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.
