Letterkenny courthouse
A Donegal couple received chilling threats that a kidnapped relative would be shot unless they came up with €15,000.
Kevin Harkin, who has almost 100 previous convictions, is one of two men charged with attempting to extort €15,000 from Mark and Michelle Smyth.
Gardaí caught Harkin and a co-accused man, who is also due before the courts, when they launched an operation to intercept them collecting what they believed was a bag containing the cash.
Harkin, a 37-year-old of 71a Ross na Coille, Derry, is charged with an offence at Ture, Muff, on April 22, 2016. Harkin pleaded guilty to making an ‘unwarranted demand, namely extorted monies totalling €15,000 or thereabouts from Michelle and Mark Smyth with menaces’. The offence is contrary to the Criminal Justice (Public Order) Act, 1994.
Garda Sergeant John Joe Gallagher told the court that a woman called at Buncrana Garda Station and informed them of demands made to her and her ex-husband.
Ms Smyth handed her phone to Gardaí. Ms Smyth’s brother-in-law, Anthony, called at 10.48pm and was described as being ‘agitated’.
A man with a Derry accent came on the phone and told the terrified Ms Smyth: “We’ve got your brother. I think you know who we are.” The man demanded €15,000 ‘and whatever stuff you’ve got’ and the woman was told not to contact Gardaí, State prosecutor Ms Patricia McLaughlin BL, said
After it was agreed that €4,000 could be sourced, the couple were told: “Pay the money or we will put bullets in him.”
While the couple were told that Anthony would be released when the money was handed over, they received a further call the following day, again demanding €15,000.
A Detective Garda answered the phone and pretended to be Mr Smyth. Two voices could be heard on the other side of the line.
Upon telling the callers that he needed more time, he was warned: “If you don’t get what we want, you’ll be put in a hole.”
The men initially asked for the money to be dropped close to the Templemore Sports Complex in Derry, but they agreed to a drop-off point at a cul de sac near the GAA grounds at Ture, Muff.
Gardaí mounted an operation to intercept the men and placed a bag at the agreed location.
Officers set up two observation points near to where the bag was dropped. When the men arrived in a car, the Gardaí pounced and arrested the two men.
Harkin was taken to Buncrana Garda Station for questioning.
Harkin has 96 previous convictions in Northern Ireland with 32 for road traffic offences. His catalogue includes four for assaults, nine incidents of criminal damage, five for drug-related offences, 13 for resisting arrest and obstructing police, seven thefts and four assaults. He has spent eight separate periods in prison, his longest stretch seeing him behind bars for 12 months for a robbery.
Mr Peter Nolan BL, barrister for Harkin, said this incident represented a ‘major step up’ from his client’s previous crimes.
“He was caught red-handed and, while there could have been a technical defence, he wants this matter over,” Mr Nolan said.
“His behaviour was nothing short of appalling. He has no living family and his friends are gone.”
A European Arrest Warrant was executed for Harkin in August 2020.
Mr Nolan said Harkin has been through a ‘revolving door, in and out of prison’. While in custody, Harkin has completed a barbering course.
“He says this has been his hardest time in prison,” Mr Nolan said.
In a letter, Harkin, a father-of-four, apologised for the ‘stress, fear and sleepless nights’ he had caused and said he offered ‘no excuses’ for his actions.
Mr Nolan asked the court to give Harkin ‘some light at the end of the tunnel’.
Judge John Aylmer said Harkin would be ‘deluding himself’ if he was anticipating anything other than a custodial sentence.
Judge Aylmer asked for the preparation of a probation and welfare report, a governor’s report and a psychiatric report. The case was adjourned until the January session of Letterkenny Circuit Court, when Harkin will be sentenced. Harkin was remanded in custody.
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