The Special Criminal Court has found Dublin man Lee Canavan guilty of the murder of David ‘Daithí’ Douglas, who was “executed” at a Dublin city shoe shop five years ago.
The non-jury court, however, did not agree with the State’s contention that Canavan was “the person who literally pulled the trigger”, owing to a lack of evidence.
In passing judgement on Thursday, the court ruled that Canavan (31) was part of a joint enterprise or shared intention to murder Mr Douglas in what was described as a “meticulously planned execution”.
Canavan, with an address at Edenbrook, Rathfarnham, Dublin 14, had pleaded not guilty to murdering Mr Douglas (55), who was shot six times - sustaining injuries to his chest, neck, back, torso, elbow and jaw - at Shoestown, Bridgefoot Street, Dublin 8, on July 1st, 2016.
A loaded semi-automatic pistol was found next to the shop manager’s head at the murder scene.
During the trial, an eyewitness described how the gunman “smirked” and walked away after firing shots into the shop where Mr Douglas was working.
‘Caught my attention’
Shane Egan told the court that he was sitting in traffic in his van on Bridgefoot Street at around 4pm on July 1st when he saw a man walking up the hill from Oliver Bond Street.
“There was something strange about him which caught my attention,” he said.
The witness said the man walked past ‘Busy Bees’, an after-school service on Bridgefoot Street, and went into the entrance of Shoestown.
“He stopped at the entrance and then I heard bangs, I thought they were fireworks at first,” he continued, adding that he had heard five or six bangs in total.
Mr Egan testified that he saw the man jump backwards out of the shop and walk back down the street.
“He wasn’t running, just walking. He smirked at that stage and went around the corner in the direction of Oliver Bond Street,” he said.
A worker at Busy Bees also told the court how he instructed his colleagues to lock the door and get the children “out of the way” after hearing the shots.
Canavan, who appeared at the court by video-link, is the second man to be found guilty of the murder and the fourth to be convicted in relation to the shooting. He was identified by gardaí as being a driver and a passenger in cars used in the murder.
‘Minimise links’
Presiding judge Mr Justice Michael MacGrath said he was satisfied that Canavan was also part of an attempt to destroy a getaway car three days later to “minimise links” between the accused and the murder.
In 2018, Frederick ‘Fat Freddie’ Thompson (41) was jailed for life by the court for the murder of Mr Douglas.
In 2019, Nathan Foley (22) of Maryland, Dublin 8, was jailed for six years after he pleaded guilty to assisting a criminal organisation by driving one of four cars involved and buying mobile phones used in committing the offence.
Gareth Brophy (26) was jailed in February of last year for 10 years for his role as a getaway driver.
It was the prosecution’s case that the murder was a “meticulously and carefully planned assassination” and that Canavan was “the person who literally pulled the trigger” after entering Mr Douglas’ shop shortly after 4pm on the day of the shooting.
However, Mr Justice McGrath said the court could not be satisfied beyond a reasonable doubt that Canavan pulled the trigger, due to the lack of identifying evidence or DNA. He said the court agreed that the murder had been “meticulously planned”.
Could not be resuscitated
Prof Patrick Plunkett, a specialist in emergency medicine at St James’s Hospital, said Mr Douglas had penetrating wounds to the right side of his chest, back of his neck and beneath his jaw. He said Mr Douglas could not be resuscitated and he was pronounced dead at 4.55pm.
Det Garda Alan Curry said he had recovered a loaded semi-automatic pistol with its serial number removed from beside the victim’s head. The detective said he made the firearm safe at the scene by removing the magazine, which contained five rounds of ammunition.
Three cartridge cases found on the floor outside the shop indicated that the shots were discharged from the roadway, he said, adding that the hammer of the weapon was still cocked and it had the capacity to hold 15 rounds.
Canavan was also found guilty of a second charge of criminal damage to a Suzuki Swift vehicle at Strand Road, Sandymount, on July 4th, 2016, the property of Teresa Devoy.
The non-jury court previously heard that Canavan was arrested on suspicion of criminal damage after he was found travelling at speed in a stolen vehicle which had repeatedly crashed into another car in south Dublin three days after the shooting.
Canavan had €1,065 in cash and his clothing smelled of petrol when gardaí stopped him and Foley in Crumlin in one of the four cars allegedly used in the killing of Mr Douglas.
The judge said that four different vehicles had been used in the murder in a “carefully planned assassination”. A Mercedes car was found burned out near the shooting and a stolen Suzuki Swift was then used to ferry those in the Mercedes away.
Mr Justice McGrath said that each of the participants in the joint enterprise had a shared intention and separate roles in the killing.
The judge said he was satisfied that Canavan participated in the burning and ramming of the “ultimate getaway vehicle” - the Suzuki - three days after the murder. He said Canavan’s intent was to “destroy” the Suzuki in order to tie up loose ends and minimise his connection to the murder.
A Mitsubishi Mirage car, in which Canavan was a rear-seat passenger, left the area where the Suzuki was set alight and paint-transfer analysis later confirmed that the same car was used to ram the Suzuki.
The judge said that while the court was satisfied that Canavan committed the criminal damage, it was not entirely satisfied that he was also the gunman.
Mistaken
Mr Justice McGrath said that he believed eyewitness Mr Egan was mistaken in his identification and that forensic analysis of the pistol grip pointed towards another male.
During the trial, Mr Egan described the gunman as being about 5ft 8in or 5ft 10in in height but less than 6ft and was in his late 20s or early 30s, had facial stubble and was wearing a hoodie.
In cross-examination, defence counsel Michael Bowman SC put it to Mr Egan that he had told gardaí in his statement that he was confident he would recognise the shooter if he saw him again as he had turned and looked at him. Counsel further put it to Mr Egan that he had also told gardaí that the shooter had dark hair, which was cut short.
“Yes, that’s what I said,” replied Mr Egan, adding that he was not asked to attend an identity parade.
In re-examination, prosecution counsel Sean Gillane SC asked the witness what he wanted to clarify when he returned to the garda station to make a second statement on July 11th. “I wanted to clarify that it wasn’t the colour of his hair, in fact I couldn’t see his hair as he had his hoodie up,” he replied.
Mr Bowman had also argued that a swab taken from the pistol grip of the gun contained identifiable DNA attributable to another man, who was later arrested for Mr Douglas’ murder.
The judge said while the CCTV footage in the case was of varying quality, Canavan’s fingerprints were found on the rear-view mirror of a Ford Fiesta used as a spotter vehicle.
Gardaí later identified Canavan, Foley and Thompson at the Little Caesar restaurant at about 7.30pm on the day of the murder.
Judge MacGrath said that while Canavan, Foley and Thompson were “friends”, the only reasonable inference he could make was that the meeting was not one of friendship, but one of “common enterprise of those intimately connected and centrally involved in the murder”.
Passing judgement, Judge MacGrath said Canavan was guilty of the murder due to his “active participation” in the “shared intention” of the murder of Mr Douglas.