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A 21-YEAR-OLD woman who pleaded guilty to having a gun at Connolly train station in Dublin has walked free after being sentenced today by the Special Criminal Court.
Nikita Murtagh, who the court heard was acting out of a “misplaced sense of family loyalty” when she handed a shoebox containing a loaded gun to a man about to board the Dublin to Belfast train, was sentenced to three years in jail, the sentence backdated to July 17th last year, when she first entered custody, with the balance suspended.
Murtagh, with an address at Mariners Port, Sheriff Street, Dublin 1, had pleaded guilty to the unlawful possession of a CZ model 70 semi-automatic pistol at Connolly Station in Dublin on July 19th last year.
During her sentence hearing, Detective Inspector Noel Browne told prosecuting counsel Gareth Baker SC that on the day in question, during a surveillance operation, gardaí observed Murtagh enter the train station shortly before 3.15pm.
She was observed heading toward the waiting area for the Dublin to Belfast train, which was due to depart at 3.30pm, the court heard.
She was pushing a buggy with a three year old child inside when she met her co-accused, Ciaran Ryan, and handed him a paper bag, before leaving the station.
The court heard that Ryan boarded the train but was stopped by gardaí and tried to kick the bag away. When gardaí searched the bag they found it contained a shoebox with a loaded gun.
Jailed
Last month, Ryan (24), from Summerhill, Dublin 1 was jailed for three years for possession of the firearm.
Murtagh was arrested at 6pm at a bus-stop outside Dublin airport.
She had a handbag containing a change of clothes and a passport.
The next bus leaving was the stop was bound for Belfast.
Murtagh was then taken to Store Street garda station, where she told gardaí that she did not know what was in the box.
The court heard that Murtagh is from the north inner city and was not a person known to gardaí but has had relationships with people known to gardai and of interest to them on an ongoing basis.
Detective inspector Browne said that her actions were “probably the result of misplaced sense of family loyalty” and that she had family members connected to violence of an extreme nature in recent years.
Under cross-examination, Browne told Michael O’Higgins SC, defending, that Murtagh was a courier, chosen for her role because she was not a criminal but was “naive” and a “fresh face” who had not previously come to garda attention.
The inspector said that one of “unfortunate aspects” of investigating people such as the accused was that they are used by more devious people to effect actions of certain groups.
Browne agreed with Mr O’Higgins that she was “not likely to reoffend”.
Mr Justice Tony Hunt, presiding, sitting with Judge Patricia Ryan and Judge Ann Ryan, said that the court dealt with sentencing on the grounds of recklessness as opposed to intention.
“Significant risk”
The judge said the court was satisfied it was “clear to Ms Murtagh she was being asked to deliver something of an illicit nature, and she took the significant risk”.
“There can be little doubt in relation to that,” he said.
The court heard that “significant and weighty mitigating factors” were Murtagh’s guilty plea, which had some value for the prosecution and investigators, as well as her “misplaced sense of loyalty”.
Mr Justice Hunt said the court respected the inspector’s assessment that she is a person “capable of staying out of trouble in the future”.
The judge also said the court could not ignore that she is the mother of a three-year-old child.
He said that Murtagh was in court because of misplaced loyalty but that she has a young child that should be the “focus of her loyalty”.
He said that the court gave her the sentence out of consideration for her child.
Murtagh wept audibly as the sentence was read out.
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How can you expect the guards to risk their lives to stop gun crime when you have people like Nikita getting suspended sentences…
@Louise: …but she wept loudly ! Surely thats punishment enough?
@Louise: she did do eight months since she was arrested but I totally agree. I very much doubt this will be the last we’ll see of her.
@Louise: mmm. People are running around wearing black at the oscars. Everyone wants to be treated equally which I totally agree with but crime and the potential to commit crime cannot preclude this!
@Louise: was it not a guard who downplayed her role? ‘Naive’ ‘fresh faced’ ‘misplaced sense of family loyalty’. The Det Inspector did a pretty good job of selling a sob story to the judge it seems to me.
@Sean @114: your spot on and that’s something I often wonder about when detectives give their summary in court.
@Robert Cullen: Usually in response to direct questioning by Defence Counsel on behalf of the accused in mitigation (read the article). If it’s true when it’s put to the guard and they agree as such, they are obliged to tell the truth. Michael O’Higgins SC didn’t float up the Liffey on a boat this afternoon.
So, can fathers of 3 year old children expect the same leniency?
@Bobby Connolly:
Well, to be honest, it’s very unlikely that a 20-year-old mother would use a firearm in this country.
Idiot
@Stephen:
Have you heard of 20-year-old women in this country using firearms (except for Defence Forces recruits, of course!)?
@Bobby Connolly: you will hear them called breadwinners for their children but yes men do use being a parent as mitigation.
@Deborah Behan: yes there was a case in blanchardstown recently were a mother and baby were shot along with the babies uncle….. The shooter was a 20 year old female……. So???
@Kev Barnes:
The difference is that Nikita is not of the same background as those involved in the Blanchardstown case.
@Ciarán Masterson: no, she got involved in a gangland feud as opposed to a traveller feud.
@Karen Wellington:
But she wasn’t involved in an attack.
@Ciarán Masterson: there was no attack because the Gardaí caught them both before they could do it, had Ryan been able to continue on his journey and shoot his target (hopefully without hitting any innocent by-standers) she most certainly would have been party to that crime; she supplied the weapon.
It’s called deterrence. This case now shows that if you want to move a weapon around, find a young woman with no police record, with kids to carry them for you.
Also, this could lead to actually convincing, blackmailing or forcing them to carry out the shootings, knowing there is less fall out from getting caught.
If someone breaks the law, they should face the punishment. Doesn’t matter, how young, how many kids, what their record is etc. But now it’s look like young women, with kids, have a great chance of a light sentence, compared to years for a male.
Are kids not being used as drug mules in the uk to transport, distribute and sell drugs in other cities, as they go under the radar and the gangs get little or no fall out from them being caught.
Sets a precedent for the future. Idiot
@Stephen:
The judge who sentenced Nikita made clear that it’s not a precedent.
@Ciarán Masterson: it certainly is a precedent; once a ruling is handed down & confirmed, other cases can refer to it. If there’s a similar case in the future, the accused’s barrister can look for similar leniency.
I don’t see where any judge said that. I do see the part where a judge stated the court was satisfied that she knew she was delivering something of an illicit nature and still took the risk.
A LOADED GUN, ready to fire, can you not comprehend the seriousness of that?
At least make her give up the names of who supplied the weapon and who put her in that position before letting her off.
But letting her off because she was a “fresh faced” criminal and had a child is a joke.
She had relationships with people known to Gardai and has family members connected to violence of an extreme nature. She knew exactly what was going on.
Are you even reading the same article as the rest of us?
3 years for the other guy is also a joke, but also shocking one had been let off and other jailed???
@Ciarán Masterson: What do you reckon the loaded gun was for?
@Ciarán Masterson: she was involved in supplying a firearm… how much involvement do you want???
Mandatory 10 year sentence for anyone carrying a gun.
@Ciara Ni Mhurchu: this absolutely she should be in for at least 3 with what is going on at the moment.
She is quite clearly a low life who will commit more crime. You don’t supply someone with a gun and then change your ways.
She should be watched carefully. And that child should be taken off her.
@Fabio Dillon:her family are closely connected to the hutch faction. She had the gun in her kids buggie, and yet a judge thinks 6 months in jail is enough. The judiciary are a joke.
@John Dman:
I’m no bleeding-heart liberal but her offence was on the lower end of the scale because she was given the gun for it to be given to someone else and, given her age, the fact that she has a child and her lack of previous convictions, it is very unlikely that she would commit murder.
@Ciarán Masterson: That’s utter bull Ciarán.
@Fabio Dillon:
She committed a serious offence but, given that she was motivated by ignorance, not malice (She said she didn’t know it was a gun but that’s beside the point because she must have known that the content of the shoebox was dodgy) and that she is a young mother, I think it’s unlikely she will become involved in gun crime again.
Therefore, she’s not a lowlife – she’s just an eejit!
@Father Hody Commody:
Why? Have any 20-year-old mothers used a firearm in this country?
@John Dman:
It was in a shoebox and, though she knew it had illegal content, there’s no evidence she knew a gun was in it. Besides, the gun was probably going to be used to kill a drug-dealer anyway.
@Ciarán Masterson: well that’s alright then, the Judge should have give her a medal to go with that suspended sentence. Do you think this gangland hit would have been carried out in controlled circumstances? Or maybe a crowded area with lots of by standers?
@Ciarán Masterson:I know she 3 years out, but….
https://www.irishtimes.com/news/crime-and-law/woman-believed-to-be-behind-traveller-gun-attack-1.3325299
@Karen Wellington:
That was different – it was an internal feud. I don’t think Nikita would have the brains to carry out a gun attack.
@Ciarán Masterson: this was the first time she was CAUGHT.
@Ciarán Masterson: You’re either malicious or thick. I don’t know which.
@Ciarán Masterson: how well DO you know Nikita? You’re certain that she didn’t mean any harm, is too stupid to have known what she was doing and that she *absolutely* won’t reoffend….
@Karen Wellington:
I didn’t say I know her – I formed an opinion on the basis of what I know about the case.
The leniency of this sentence should be immediately appealed by The DPP. She has served only 7 months for possession of a loaded firearm, not to mention endangering her child.
I think it is fairly obvious here with this case that with Det Ins Browne giving what effectively was a “character reference” for the accused that Nikita has been very cooperative with other information also.
Another 3 Judges out of touch with reality !!!
@Sean Fox:
She committed a serious offence but it was on the lower end of the scale – she’s an eejit, not a hardened criminal.
@Ciarán Masterson: are you for real ? You think she was giving someone a loaded gun to put on his mantlepiece ?
@Ciarán Masterson:
Bulls**t
You wouldn’t say that if the gun was used on a loved one of yours !
@Brian O’Leary:
There’s no evidence she knew a gun was in the shoebox she was given – though she knew the box must have had illegal content (Drugs, for example).
Even if she’d refused to take the box, the man who gave it to her would have had the gun transported by other means anyway.
@Ciarán Masterson: This is no different to being a drugs mule. She should be locked up.
@Isthatright:
None of my loved ones is involved in crime – so there’s no motive to shoot them! Sure, the intended final recipient of the gun was probably going to use it against the Kinahan gang.
@Ciara Ni Mhurchu:
It’s not unusual for a suspended sentence to be given to a first-time offender for a non-violent offence (Sure, suspended sentences have been given for causing death by dangerous driving).
@Ciarán Masterson: she’s no miss Sweet little innocent ..she knew she was doing something illegal and risked her child in the process..
@Ciarán Masterson: what about the child she put in danger, used for cover and then used to get a more lenient sentence? They should take the child off her. You’re an idiot.
@Virtual Architect:
She knew the shoebox must have had illegal content but there’s no evidence she knew there was a gun in it.
@Ciarán Masterson:
How do you know if she’s a hardened criminal or not ?
And there’s no evidence she knew what was in the box ?
Maybe she thought it was a pair of Nikes from Fairyhouse market.
Are you a judge by any chance ?
@Ciarán Masterson: she played the innocent card and got away with it . Considering her connections with a certain family I would say she knew full well what was in the box but in order to get way with it she pretended to be an innocent naive young mother .. and bringing the baby with her was good . Sure if she knew that it was a loaded gun with ammunition that she was carrying sure she wouldn’t have brought the baby with her would she ..oldest trick in the book .
@Ciarán Masterson: she has connections to one side of a violent feud and she was given a shoebox containing something heavy & solid; there’s no way she could argue that she thought it was drugs or cash.
Just as well she wasn’t importing Garlic :0
Judicial system is broken !
@Isthatright:
The problem is not with importing garlic but pretending that it’s fruit. Tax evasion is more damaging than what Nikita did because it deprives public services of money.
@Ciarán Masterson:
So let me get this straight…..You think taking away a little bit of money from public services (not to mention it’s a completely ridiculous overpriced tax) is worse than introducing a loaded fire arm into the public domain?
I’ll agree with some of the other comments on here, you sir are an idiot.
On RTE news her head was covered with coat as she left court was this a special concession from the judge…..Normally the public have a right to see the defendant after a case is decided…..
@John003: I don’t think so!
@John003: they don’t.
@John003: Was the Judge holding the jacket for her?
@John Clarke: Who ordered the hailo? The taxi was ready to go!
Legal profiteering!
Oh Nikita you will never know..
This is why you shouldn’t report a crime
@Birdperson: he he he. Aaaah. Your nickname just reminded me…. Heh. Good one man.. Btw yes. Reporting crime here is such a waste of time.
Don’t hit me with the baba in me arms
Jesus wept!
Obviously a victim of the patriarchy.
Look she reminded me of a young woman I know, couldn’t drive for the life of her, went to driving test in short dress that got shorter as she drove (her words) instructor too busy looking at her he didn’t care she hit a kerb or stalled car she still passed. Look at pictures of her leaving court, just saying like? Women use their looks to their advantage when they can.
@dec dunne: so you think the judge was swayed by her good looks??
@Siobhán Ni Mhurchú: yes and her short dress.
What a fcuking joke
Probably no room in prison for her with all the non TV licence paying convicts clogging up prison space.
@conex:
Those who are detained for failing to pay the fine for having a TV without a licence are released after a few hours.
I think Judges should be sentenced to jail themselves for this type of leniency. Might cop a few of them on then.
Well, given the feud and the lack of any morals of those involved, I think this young lady may have been better off with a prison sentence.
She’s probably down the pub already, gettin off her box celebrating
So. I didn’t know I have a gun on me is now a common excuse when you get caught. Good. Good to know.
@Joe Dobias: yep, will see a lot of shoeboxes and violin cases seized from serious players in the next few months.
Christ, walks free, this country is a joke.
Ha ha ha, she should have glassed someone in a pub for good measure, 2 for 1 offer and home by tea time!
She dodged a bullet (Sorry – I couldn’t resist!).
The State gives her a pass because she’s female. It’s as if the court believes women have a lower mental capacity. “Misplaced loyalty”.. such bullshit.
@Virtual Architect:
Have you heard of any cases in which women in their early 20s have used illegal firearms in this country?
@Virtual Architect: It honestly wouldn’t surprise me if a few women turned out to be the real brains behind a lot of these operations and that they’ve been smart enough to stay of the radar and play the “pussy card” and innocent victim of big bad men when questioned by the cops. Just look at women like Sandra Beltran or Griselda Blanco Restrepo who ran cartels for decades…
@Karen Wellington:
That was different – it was an internal feud. I don’t think Nikita would have the bottle to pull the trigger.
@Vigo the Carpathian:
I don’t think Nikita would have the IQ to pull that off.
Pure sexism. Vermin.
Nikita?! Sure, didn’t Luc Besson direct a film about her?!
Rats
#me too
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