A man who helped a criminal organisation murder a bar manager was caught after a mobile phone he sourced was dropped next to the shooting getaway car, the Special Criminal Court has heard.
Michael Barr (35), the manager of the Sunset House in Dublin’s north inner city, was shot seven times by a masked gunman at the pub over two years ago.
Martin Aylmer (31) pleaded guilty in July to participating in or contributing to activity intending to facilitate the commission by a criminal organisation or any of its members of a serious offence. Barr was murdered at the Sunset House, Summerhill Parade, Dublin 1, on April 25th, 2016.
This is believed to be the first time a person has been prosecuted for this offence under the organised crime legislation brought in in 2006.
Aylmer of Casino Park, Marino, Dublin 3, was also charged with participating in or contributing to activity being reckless as to whether said participation or contribution could facilitate the commission of the murder of Mr Barr.
The offences occurred between April 23rd and April 25th, 2016.
Gunmen fled
He was remanded in custody until October 15th, when he will be sentenced.
At Monday’s sentence hearing Detective Garda David Chapman, of the Bridewell Garda station, summarised the facts of the case.
Det Gda Chapman agreed with prosecuting counsel, Dominic McGinn SC, that the Garda investigation began with the fatal shooting of Mr Barr on April 25th.
Mr Barr was the manager of the Sunset House pub and was present at the premises on the night, the court heard. Around 9.30pm that night two men wearing masks entered the pub armed with firearms. One of the gunmen came into the premises to fire the shots and the other gunman stayed at the door. Mr Barr was standing at the bar and he was shot seven times.
Det Gda Chapman agreed with counsel that the two gunmen fled the scene in a Audi A6 which was driven by another man. CCTV footage was able to track this car to Walsh Road in Drumcondra, Dublin 9, where an attempt was made to set fire to it.
Ilac centre
Gardaí arrived very soon afterwards and extinguished the fire before it had taken hold of the car and a lot of evidence was gleaned from it. Det Gda Chapman agreed with Mr McGinn that rubber masks, boiler suits, coats and scarfs were found in the car which were consistent with the two gunmen going into the pub. A number of firearms were found in the car including a round which had been discharged from one of the firearms which had been used to kill Mr Barr.
It also became apparent to gardaí arriving on the scene that a mobile phone had been dropped by one of the gunmen beside the getaway car, the court heard, and a number of calls had been made to it.
According to Gda Chapman, investigations were made into this mobile phone and it was discovered that it had been purchased two days previously in an outlet in the Ilac Shopping Centre. CCTV was obtained from this premises and it became clear that the same customer had purchased this mobile phone as well as two other phones at the same time. The three phones were prepaid and unregistered phones.
On that date, the court heard, CCTV footage showed a man wearing a shiny, “bubble-type” dark jacket and a baseball cap embossed with the letters “NY” entering another mobile phone shop on Moore Street in Dublin, where a further three mobile phones were bought.
Det Gda Chapman agreed with Mr McGinn that CCTV footage also established this man arrived at the Ilac Shopping Centre in a Toyota Corolla at 11.17am on April 23rd to purchase the first set of mobile phones. The man who exited the car was not wearing a baseball cap at the time but put one on afterwards. Following this, gardaí established that this car was registered to Aylmer.
Fingerprints
It was also established through CCTV footage that the Audi A6 had started its journey to the Sunset House pub on the evening of April 25th from a lock-up premises on the North Circular Road. This premises was searched on May 20th, a month after the event, and a number of firearms as well as cleaning products were found there. A bottle of bleach was also found with Mr Aylmer's fingerprint on it.
CCTV footage was obtained of the lock-up premises, which Aylmer was identified visiting on three occasions on April 24th. As a result, Aylmer was arrested at his home on June 17th. He was interviewed by gardaí on a number of occasions but chose to exercise his right to silence.
When asked about his presence at the lock-up Aylmer told gardaí he had been there but he thought it was related to drug-type offences. Det Gda Chapman said there was no evidence “whatsoever” of drug trafficking at the lock-up.
‘Brilliant father’
Mr McGinn read two short victim-impact statements from Mr Barr’s relatives to the court. Jade O’Shea, Mr Barr’s partner, said she had been with him for over four years, they were engaged to be married and had one child together. Ms O’Shea said her life has been turned upside down since his murder and when their child asks abut her father, it hurts her to tell her.
Noelle Barr, the older sister of the victim, said they were more like twins as they were very close in age. Ms Barr said her brother relied on her a lot and his death had torn their lives apart. "He was a brilliant father to all his children and his death has destroyed us all," she said.
The three-judge court heard that Aylmer has two previous convictions for minor public order issues.
Defence counsel Caroline Biggs SC, for Aylmer, said he was granted bail by this court in April and he honoured the stringent conditions set upon him.
Ms Biggs said that mitigating factors included her client’s early plea, his co-operation and his lack of previous convictions.
In her submissions, Ms Biggs said that Aylmer’s father passed away in 2013 and he resides with his mother and brother who is in a wheelchair following an accident a number of years ago.
Ms Biggs said her client was seen on CCTV purchasing the mobile phones and could be identified by gardaí through facial recognition, his car and his clothing. This clothing was found when he was arrested at his flat, she added.
Ms Biggs told the non-jury court the maximum sentence for such an offence was 15 years in prison.
Mr Justice Tony Hunt, presiding, sitting with Judge Sinéad Ní Chulachain and Judge Cormac Dunne, remanded Aylmer in custody until October 15th, when he will be sentenced.
Eamonn Cumberton (30), of Mountjoy Street, Dublin 7, was jailed for life by the Special Criminal Court in January of this year after being found guilty of the murder of Mr Barr.