Five-fold increase in arrests under special 'gangland' law

Garda Assistant Commissioner John O'Driscoll said that the 2009 act provided 'important measures that greatly assist' gardaí in tackling gangs. Picture: Leah Farrell / RollingNews.ie

Use of special ‘gangland’ arrest powers has jumped five-fold over the last three years, with gardaí using them to target international money-laundering networks as well as Irish crime gangs.

The legislation — targeting gang bosses, lieutenants, members, and associates — sends any resulting prosecutions to the non-jury Special Criminal Court, unless the DPP directs them to the normal courts.

The continuing existence of that ‘emergency’ three-judge court is currently the subject of a high-level review, the final report of which is due in September.

The surge in arrests against organised crime groups is in contrast with a sharp reduction in prosecutions, using emergency powers, against subversives.

The Criminal Justice (Amendment) Act 2009 makes offences under a sister 2006 act scheduled offences under the Offences Against the State Act 1939.

The main offences are directing the activities of a criminal organisation (Section 71A), participating in or contributing to a criminal organisation (Section 72), and committing an offence for such a gang (Section 73).

Government figures show:

• 112 arrests were conducted between June 2021 and May 2022, compared to 104 in the June 2020-May 2021 period, 72 arrests the year before that, and 24 between May 2018 and June 2019;
• Of the 112 arrests, 86 were for participation, 18 were for committing an offence, and eight were for directing;
• Of the 104 arrests the previous year, 74 were for participation, 24 were for committing an offence, and six were for directing;
• A total of 642 people have been arrested under this legislation since 2009.

A report on the provisions says that a total of 14 prosecutions for the offences were taken in the last year, half of them before the Special Criminal Court.

It said 10 people were convicted for Section 72 (participation) offences in the last year, five were convicted for Section 73 (committing a crime) offences and one was convicted under Section 71A (directing).

The directing conviction relates to Peter Keating, a senior figure in the Kinahan crime cartel. He pleaded guilty to the charge, which was in relation to the failed attempted murder of Hutch gang member James Gately.

Gardaí at the scene of the murder attempt on James Gately. Picture: Eamonn Farrell/RollingNews.ie

He was jailed for 11 years last September. 

In a statement to the Irish Examiner, Assistant Commissioner (Organised and Serious Crime) John O’Driscoll said that the 2009 act provided “important measures that greatly assist” gardaí in tackling gangs.

The organised-crime-related provisions are utilised in tackling human trafficking, economic crime, cyber-related criminality along with drug and firearm trafficking," he said. 

He also pointed out how the provisions have been increasingly used to target “money laundering engaged in by organised crime groups that operate in Ireland and have a global outreach”.

Garda Assistant Commissioner John O'Driscoll shows a slide relating to Garda seizures from the Kinahan organised crime group at Dublin City Hall on Tuesday, April 12.

In an apparent reference to garda successes against the Kinahan cartel, he added: “In recent years, these measures have been an essential tool for the Garda Síochána while endeavouring to disrupt and dismantle particular organised crime groups.” 

In a previous interview with the Irish Examiner, Assistant Commissioner O'Driscoll said that the powers and the Special Criminal Court had played a key role in prosecuting Kinahan figures, including hit teams.