Daniel Kinahan made his latest court appearance via video link, with a former British gangster lending support outside the courtroom.
Kinahan, sporting a light grey beard, glasses and a dark grey suit, appeared before the Special Criminal Court via video link from Portlaoise Prison this afternoon. This marks his second court appearance since a dramatic extradition operation that saw him flown from Dubai back to Ireland aboard the government jet on August 9.
Legal representation issues
During the two-minute hearing, it emerged that Darragh Mackin of Phoenix Law had been due to represent Kinahan but was unable to attend at the last minute, reports the Irish Mirror. David Perry BL informed the court that Mr Mackin had been set to "come on record" for Kinahan but could not be present due to "unexpected last minute professional difficulties."
He requested a week's adjournment to allow Mr Mackin to formally come on record, and also asked that Mr Kinahan be brought before the court in person the following week.
Kinahan spoke only to confirm his identity, saying "yes I am," and when asked whether he could hear the proceedings, responded "yes I can." He otherwise remained composed on camera, briefly adjusting his glasses as he listened to the brief hearing.
"Thank you, your honour, thank you," he said as proceedings drew to a close.
Support outside the courtroom
The case has been adjourned until October 11 at 11am, when Kinahan will appear before the court in person. Kinahan stands accused of leading a criminal organisation during the period from October 18 2015 to April 6 2017 - in breach of section 71A of the Criminal Justice Act 2006.
Also present outside the courtroom was Kinahan's associate Marvin Herbert, a former British gangster, who couldn't get inside as the room had reached capacity. The notorious one-eyed ex-criminal, who has previously described himself as a good friend of Kinahan, was seen seated next to the Special Criminal Court door ahead of the hearing.
In a recent interview, Herbert, who claims to have left his life of crime behind, described Kinahan's arrest in Dubai as a "joke." "If there was anything to worry about all three (Kinahans) would have been arrested. If it was that serious, they would all be nicked," he said. "I think it will all blow over. They won't get evidence to convict. It's publicity," he added.
Herbert was previously shot five times in 2008 during an attempted hit in Marbella, Spain, where his Kinahan pal once owned a boxing gym.
Previous court appearance
During Kinahan's initial court appearance in August, Detective Sergeant Colin Davidson provided testimony regarding the arrest, charge and caution to Judge Fiona Lydon, Judge Patrick McGrath and Ms Justice Sarah Berkeley. Detective Sergeant Davidson stated he arrested Kinahan at the Casement Aerodrome in Baldonnell at 6.49pm and formally read out the charge. Kinahan indicated that he understood, he said.
Kinahan arrived in court dressed in a black hoodie and black tracksuit bottoms, sporting glasses and carrying a water bottle. He remained silent in the dock until addressed by the presiding Judge Patrick McGrath.
Prosecutors informed the court that Kinahan had no legal representation present, having asked a family member to make arrangements on his behalf. "I didn't have time to arrange anything. I said to the gardai I was taken in Dubai and I was isolated from Friday afternoon," Kinahan told the Judges.
Judge McGrath ruled that proceedings should continue with the reading of the charge, following confirmation that Kinahan acknowledged he was unrepresented but would arrange counsel. Upon being informed that the case would be adjourned to October 5 after the details were read out, Kinahan responded simply: "OK thank you."
Judge McGrath advised the accused that it was in his interests to contact legal counsel following the hearing, to which Kinahan replied: "I understand everything. Thank you your honour." When subsequently asked whether he wished to attend the next hearing in person or appear via video link from prison, Kinahan enquired: "Do I have to decide now your honour?". The Judges confirmed no immediate decision was required.
He was further advised that any application for bail could only be pursued through the High Court, requiring a formal application on notice. "I understand. I think we know I won't be getting bail but thank you for explaining," Kinahan responded in court.
The proceedings, lasting just 14 minutes, concluded once the charge details were read out in court. Kinahan was then remanded into custody and on Sunday night was being transported in a bullet-and-bomb proof prison van to Portlaoise Prison in Co Laois, where he will likely remain until his trial.
Extradition operation
The brief courtroom appearance followed a frantic weekend which witnessed a major security operation, planned for months, finally carried out over a 24-hour period. The Government jet - a Dassault Falcon 6X, acquired last year for €53 million - departed for Dubai on Saturday morning, touching down late that evening.
On board were senior members of the Garda National Drugs and Organised Crime Bureau who then met UAE authorities at Al Maktoum Airport for the formal handover of the high-profile prisoner on Sunday morning. Dubai Police handed over Kinahan based on an arrest warrant executed in April, which had seen the mobster locked up as he fought his extradition in the courts over the last four months.
The aircraft subsequently departed with Kinahan aboard at 1.20pm Dubai time (10.20am Irish time) on Sunday, flying directly to the Casement Aerodrome in Baldonnell, Co Dublin - where it landed at 6.30pm Irish time. Kinahan was rushed to the Criminal Courts of Justice, arriving just before 7.10pm. Members of the Armed Support Unit stood outside the front entrance as a small crowd gathered outside.
Once the plane landed in Baldonnell, Kinahan was arrested on the tarmac and taken to an unmarked garda vehicle, where he was then transported in a convoy to the Special Criminal Court. Several senior gardai, including Assistant Commissioner Angela Willis, Detective Chief Superintendent Seamus Boland and Detective Superintendent David Gallagher, were present in court.
Kinahan is accused of directing the Kinahan Organised Crime Group over the course of a bloody feud that resulted in 18 murders. Speaking after the jet landed in Ireland, Garda Commissioner Justin Kelly said: "This arrest shows our determination, along with our international policing partners including Dubai Police, to target transnational organised crime groups."
"It also shows the value of our relationship with the authorities in the United Arab Emirates, the Ministry of Justice at judicial level, and on a police-to-police basis. This relationship has been supported by the Irish Government's Department of Justice, Home Affairs and Migration and Department of Foreign Affairs and Trade."
It is known that some of the allegations against Kinahan pertain to encrypted conversations uncovered by investigating gardai after they seized a number of 'Pretty Good Privacy' (PGP) phones. After investigating these conversations thoroughly, gardai have identified one of the encrypted users in the incriminating conversations to be Kinahan himself.
Details of some of these conversations emerged during the sentencing hearing of Kinahan's right-hand-man Sean McGovern - who was jailed for 24 years for his role in directing a criminal organisation.
