Dublin man to appeal life sentence over gangland ‘execution' of Daithi Douglas
A Dublin man jailed for life for his role in the murder of David 'Daithí' Douglas who was 'executed' at a city centre shoe shop in Dublin nine years ago, has appealed his conviction arguing the court was wrong to find that a 'general association' with others linked to the crime was indicative of guilt.
Mr Douglas (55) was shot six times in broad daylight as he took a meal break at the counter in his partner's shop, Shoestown in Dublin's Liberties. The semi-automatic pistol used in the murder had its serial number removed and was "brazenly" left at the scene next to the deceased's head, the court heard.
Lee Canavan (36) was jailed for life by Special Criminal Court on June 3, 2021.
Canavan was the fourth man to be jailed in relation to the murder and his conviction was described by gardaí as "significant".
In 2018, gangster Frederick 'Fat Freddie' Thompson (45) was jailed for life by the Special Criminal Court for the murder of Mr Douglas. In 2019, Nathan Foley (26) of Maryland, Dublin 8, was jailed for six years after he pleaded guilty to assisting a criminal organisation by driving one of four cars and buying mobile phones used in the offence. Canavan's half-brother Gareth Brophy (30) was jailed in February 2020 for ten years also by the Special Criminal Court for his role as getaway driver.
Lee Canavan
In passing judgement, the non-jury court ruled that Canavan was part of a joint enterprise or shared intention to murder Mr Douglas in what was described as a "meticulously planned execution".
However, the three-judge court did not agree with the State's contention that Canavan was "the person who literally pulled the trigger", owing to a lack of forensic or identification evidence.
Delivering judgement, Mr Justice Michael MacGrath said that four different vehicles had been used in the murder in a "carefully planned assassination". A Mercedes car used in the killing was found burned out near the shooting and a stolen Suzuki Swift was then used to ferry those in the Mercedes away from the burn site.
Canavan, with an address at Edenbrook, Rathfarnham, Dublin 14, had pleaded not guilty to murdering Mr Douglas, who died after sustaining injuries to his chest, neck, back, torso, elbow and jaw at Shoestown, Bridgefoot Street, Dublin 1, on July 1, 2016.
Launching an Appeal against his conviction today, Canavan's senior counsel Michael Bowman argued the court had made an error by convicting Canavan of murder in circumstances where the prosecution opened the case on the basis that his client was the individual who 'literally pulled the trigger'.
He also submitted the three-judge court was wrong to find that a general association with others was indicative of guilt.
Mr Bowman said Canavan was 'habitually' seen with Freddie Thompson and Gareth Brophy, who was his half-brother.
David 'Daithi' Douglas
News in 90 Seconds - July 25th
'There is nothing unusual about that. His presence in their company is not of tremendous relevance,' counsel said. He went on to say that Canavan had been stopped 22 times in cars he was not entitled to drive and on 11 of those occasions he had been in the company of Freddie Thompson.
'The presence or absence of him in the company of these people in the vehicles is not extraordinary,' said Mr Bowman.
Mr Bowman said the court ultimately took the view that there was enough to convict on the basis of joint enterprise/common design.
However, the barrister said there was 'no reference' during the prosecution's opening to joint enterprise/common design.
'The prosecution is very clear, the combination of these events and the inference to be drawn is not common design - it communicates direct involvement,' said Mr Bowman. 'He is literally the person who pulls the trigger, that is the prosecution's opening gambit.'
He said the court was given 'an exposition' on joint enterprise and common design at the closing of the case, adding 'but that is a little late in my submission'.
Fat Freddie Thompson
He said there was 'a very significant difference' between making a determination that the defendant had an involvement in criminality and convicting him of murder.
Mr Bowman said there was insufficient evidence of joint enterprise to convict of murder and the case was defended on the basis that the prosecution's case was that Canavan was the shooter.
'It stripped from the prosecution the primary evidence,' he said, adding this created 'an unfairness' and the residual evidence was still not enough to prove 'a tacit agreement to kill'.
Mr Bowman also argued the court was wrong not to accede to a defence application for a direction of no case to answer.
He said the court also erred in allowing the admission of identification evidence from two members of the gardaí. He submitted the purported identification by the two members of the force were not subject to oversight, processes or safeguards and that neither garda possessed notebooks or contemporaneous notes detailing the manner in which they made their identification, nor could they point out features causing them to identify Canavan in the CCTV.
He also said statements from witness James Maughan should not have been admissible during the trial in circumstances where the case was opened on the basis that Canavan was the shooter and 'Mr Maughan was central to that'.
He said the court subsequently acknowledged the infirmities in Mr Maughan's evidence after the witness professed to have difficulties with his memory. He said the court had ultimately 'excluded definitively' the evidence of Mr Maughan.
In response, Tony McGillicuddy SC, for the DPP, said this case had involved 'planned execution of a man in his own shoe shop'.
'It was planned carefully to secrete certain vehicles in certain places, planned to ensure they were out of the radar,' said the barrister.
He said these vehicles then became 'live' later in the afternoon - one as 'the murder vehicle' and the other as the 'getaway' car - for the team involved in the killing.
Mr McGillicuddy said the court found Canavan was 'an integral part' of that team on the basis of joint enterprise.
He said the fact that counsel for the prosecution opened the case in a particular way or made a particular assertion was 'neither here nor there' and did not carry any weight in terms of safety.
'This was always a case that was a joint enterprise case,' he said. 'It was always a case being run on the basis there were a number of people involved, that it was a team effort.'
'When one looks at the evidence and the inferences to be drawn the court did caution itself at the appropriate points,' he said.
He said the court found Canavan was 'centrally involved' in the placement of vehicles in areas not covered by CCTV and fed the meters to ensure they would be available later on.
'In my submission there was ample evidence there to show this wasn't some general scheme of criminality, this was part of a planned operation to execute Mr Douglas,' he said.
Mr Justice Patrick McCarthy said the court would reserve judgement.
A father of one, Canavan was concurrently jailed for five years for the criminal damage to the getaway vehicle, a stolen Suzuki Swift, in Sandymount three days after the shooting.
After the guilty verdict was delivered in May 2021, Detective Chief Superintendent Paul Cleary told media outside of court that Canavan's conviction was "very significant" and that gardaí had now convictions for the "whole murder cell".
'This team were very forensically aware,' he said. 'They put a lot of planning and thought into it, they used four cars, two of which were stolen, the two others were legitimate but used as 'spotters', so it was very significant that we were able to get the whole murder cell involved.
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