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Could Daniel Kinahan face trial in Ireland any time soon?

Kinahan was at the centre of two major Garda inquiries, while US authorities continue to investigate him

It’s a common misconception that Daniel Kinahan is somehow 'wanted' or is 'on the run'.
It’s a common misconception that Daniel Kinahan is somehow 'wanted' or is 'on the run'.
Conor Lally's picture
Conor Lally
Tue Mar 12 2024 - 17:00

Daniel Kinahan has been at the centre of two major Garda investigations that have now concluded, with Garda files already sent to the Director of Public Prosecutions (DPP). That means gardaí believe they have exhausted both all lines of inquiry and have sufficient evidence to submit to the DPP in the hope that office will recommend criminal charges.

So what are the chances of Kinahan being in Garda handcuffs, on the way into a courtroom to face charges, in Dublin any time soon? The reality is the Garda, and Irish criminal justice system generally, still has a long way to go before that could happen. That said, it is a real possibility Kinahan could on trial in the Republic.

Kinahan’s current status

Despite speculation to the contrary, Daniel Kinahan – and his father and brother, Christy Kinahan snr and Christopher jnr – all continue to reside in Dubai. They may be in and out of the region, but it is still their home and their headquarters and that shows no signs of changing any time soon. Speaking to The Irish Times in Dubai last week, Garda Commissioner Drew Harris confirmed the up-to-date information from the UAE authorities was that the men were still in Dubai.

It’s a common misconception that Daniel Kinahan is somehow “wanted” or is “on the run”. The biggest restriction he faces at present are the US financial sanctions imposed on him in April 2022.

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Those sanctions lock him – his father, brother and four close associates – out of the US banking system and also bar any US citizens or companies from doing business with him. Once those restrictions were imposed, it became impossible for Kinahan to continue his rise as a leading promoter in professional boxing.

However, Kinahan is at liberty and is free to travel in and out of Dubai as he pleases. At present no country, in any part of the world, is seeking his extradition and he is neither “wanted” nor “on the run”. He is, however, under investigation on both sides of the Atlantic.

Irish and American investigations

Last year, the Garda completed an investigation into the alleged activities of the Kinahan cartel leadership in Ireland. A file was sent to the DPP, with a request that Kinahan be charged with directing an organised crime gang. No direction has yet been made arising from that file, with gardaí still awaiting a decision. Late last month, gardaí in Dublin’s north inner city investigating the 2016 gun murder of Eddie Hutch sent a file to the DPP. Kinahan is one of the men investigated and gardaí are seeking a charge against him arising from that murder. It was part of the Kinahan-Hutch feud that claimed 18 lives to the end of 2018. It will likely take many months before the DPP makes a decision about whether Kinahan, or anyone else, should face charges.

Aside from the two concluded Irish investigations, the Americans are also investigating the Kinahans. When they imposed the financial sanctions on the men at the apex of the cartel almost two years ago, the Americans also offered rewards of $5 million for any information that would lead to the arrest and conviction of the men.

Those rewards are still on offer and the Americans have continued to gather evidence around the world with a view to bringing charges against the Kinahans, with drugs trafficking and money laundering both at the centre of those inquiries. However, like the Garda investigations, the US inquiries have not reached a point where Daniel Kinahan could be charged.

Extradition from Dubai

Harris and Minister for Justice Helen McEntee have both been trying to foster closer relationships with Dubai Police and the UAE authorities generally. There is no extradition agreement between the UAE and Ireland, though extraditions can still take place on a case-by-case basis. A number of leading European criminals – including allies of Kinahan’s in the Dubai-based European super cartel – have been extradited after special arrangements were put in place.

The Irish authorities are hoping Kinahan ally Sean McGovern – wanted to face murder charges in Ireland – could be extradited from Dubai in the same way, followed by the Kinahans. However, the issue of extradition does not arise for Daniel Kinahan for now.

[ Why Daniel Kinahan can’t resist the lure of boxing’s bright lights ]

First, criminal charges must be approved in either Ireland or the US before those countries could even request the extradition of Kinahan. Extradition is a process solely designed to deliver a charged criminal to a court to face trial. It cannot be used to bring Kinahan back to Ireland simply to be questioned about crimes. Secondly, if charges are approved, the Irish and Americans must hope the UAE will agree to extradite Kinahan. There is some way to go before all of the pieces fall into place and it is the strength of evidence unearthed by the Garda or the Americans that will decide Kinahan’s fate.