Second Dubliner, Thomas Fox, found guilty of murdering Gareth Hutch

The three-judge court said it accepted the prosecution’s case that Thomas Fox, 31, made a “probable” contribution to Mr Hutch’s, 36, murder.

Fox was a subordinate of Jonathan Keogh, 33, and appeared to act under his general influence and direction, the court found.

Fox with an address at Rutland Court, Dublin 1 had denied murdering Mr Hutch, who was shot dead as he was getting into his car outside Avondale House flats on North Cumberland Street in Dublin on the morning of May 24, 2016.

Earlier this morning, his co-accused Jonathan Keogh was also found guilty of Mr Hutch’s murder. The court found that Keogh fired the fatal shots that killed Mr Hutch in “cold-blooded manner” and “had a hand in almost every aspect” of the planning of the murder.

Earlier this morning his co-accused Jonathan Keogh was also found guilty of Mr Hutch’s murder.

Mr Hutch, nephew of Gerry “The Monk” Hutch, died as a result of four gunshot injuries; two to the back of the neck, one to the lower back and one to the right of the upper chest.

Fox was also convicted of unlawfully possessing a Makarov 9mm handgun on May 23, 2016 at the same place.

During the nine-week trial which ended in July, the prosecution contended that Thomas Fox was “instrumental” in planning the murder of Mr Hutch, as well as being the getaway driver for the shooters.

It was the State’s case that Fox was parked near Avondale House in a white Transit van on the morning of the shooting, but due to a change of plans the white van was not required.

Presiding judge Mr Justice Tony Hunt, sitting with Judge Patricia Ryan and Judge Michael Walsh at the non-jury court, spent less than an hour reviewing the evidence that led to Fox’s guilty verdicts.

Key prosecution witness Mary McDonnell, 45, identified Thomas Fox and Jonathan Keogh in her evidence as the men who came into her flat the night before the shooting and wiped down two handguns.

Ms McDonnell was initially arrested on suspicion of murdering Mr Hutch and later charged with withholding information. However, that charge was subsequently withdrawn and she has been given immunity from prosecution

Lawyers for Fox argued that their client had withdrawn from the joint enterprise to kill Gareth Hutch, albeit late in the day. Seamus Clarke SC, defending, said Ms McDonnell gave evidence that Jonathan Keogh received phone calls from Fox in her flat on the morning of the shooting, telling him he wanted to leave.

Ms McDonnell also maintained Jonathan Keogh got annoyed at Fox and told another man, Mr AB, who is not before the court, “that f**king eejit Tossy, he wants to go now, cause everyone is coming out looking at the van.”

Mr Clarke submitted to the court that this was evidence of Fox’s withdrawal from the joint enterprise and it "neutralised" any previous assistance he had given.

In relation to the firearm charge against Fox, Mr Clarke also submitted the defendant was acting under coercion and duress at the time. Fox told gardaí in his interviews that his co-accused Jonathan Keogh told him he would “get it” if he did not do as Keogh said and that a gun was "pushed into" his hand.

However, the prosecution submitted that Fox was “deeply involved” in the planning and was a “willing participant” in the murder.

Delivering judgment today, presiding judge Mr Justice Hunt said that Fox had adopted a “more nuanced position” than Jonathan Keogh in that he maintained his involvement was brought about by coercion and had been “counteracted” by a later withdrawal. He commented that Fox was “somewhat detached” from the other men in CCTV footage.

However, the court did not accept that Fox withdrew from the joint enterprise to kill Mr Hutch, albeit late in the day.

Convicting Fox, Mr Justice Hunt said that there was no evidence in his garda interviews that supported his defences advanced in the trial. The judge said the prosecution had established that the defence of withdrawal was not available to Fox and this was accepted by the court.

"An intention to withdraw from a criminal enterprise must be unequivocal, to withdraw because of panic does not suffice. It should have been made clear that Mr Fox was actually leaving and not that he wished to leave," the judge said, adding that his conduct fell "well short" of what was required for the withdrawal from a serious crime.

In relation to the firearm charge against Fox, the court said it did not accept that he was acting under coercion and duress at the time.

"There is no evidence that his particular will was so overborne," said Mr Justice Hunt.

A member of the public was heard shouting “you’re a f**king hypocrite” before she stormed out of the court.

The court is awaiting a verdict for Regina Keogh, 41, from Avondale House, Cumberland Street North, Dublin 1 who also denied murdering Mr Hutch.