The digger at the scene of the attempted ATM raid in Virginia.

ATM gang members remanded in custody

Brothers to be sentenced on March 4

There were emotional scenes at the Special Criminal Court yesterday (Tuesday) as three brothers who were part of a cross-Border ATM theft gang that stole almost €800k were remanded in custody ahead of sentencing.

The three have all pleaded guilty to being part of a gang that used stolen diggers, trailers and jeeps to rip ATMs out of the walls of premises in Cavan, Meath and Monaghan between 2018 and 2019.

The gang was eventually foiled in August 2019 when specialist gardaí pounced on the attempted theft of an ATM in Virginia, Co Cavan, by ramming a stolen jeep the gang were using.

Yesterday Stephen, Gerard and Ciaran Duffy were present in the three-judge court for their sentence hearing. The three are among five men charged before the non-jury court in relation to a Garda investigation into the theft of an ATM in Castleblayney, Co Monaghan, in April 2019 and the attempted theft of an ATM in Virginia, Co Cavan, in August 2019.

Fiona Murphy SC, prosecuting, told the court that gardaí estimated that the total amount stolen over the five successful ATM thefts was €790K.

Detective Garda Vincent O'Boyle said the gang stole ATMs from Ballybay and Castleblayney in Co Monaghan, Kingscourt in Co Cavan, and two ATMs on the same night in Kells, Co Meath, between December 16, 2018, and April 19, 2019, before the attempt at Virginia on August 14, 2019.

Regarding the Virginia attempt, Det Gda O'Boyle told Ms Murphy that around 2.15am a 14-tonne digger was stolen from the site of a fire station, which was then under construction.

Once stolen, the digger immediately travelled in convoy with a stolen Toyota Landcruiser for about 800 metres towards the ATM, which was housed in the wall of the Riverfront Hotel on Virginia's main street.

Det Gda O'Boyle said that when the bucket of the excavator was metres from the ATM a Garda Range Rover rammed a stolen Toyota Landcruiser and that three culprits fled the scene with gardaí in pursuit on foot.

Gerard Duffy was caught and arrested in a nearby field; while Ciaran Duffy and another male, who is before the court, evaded capture. Ciaran Duffy was later arrested in the afternoon of August 14, when he was discovered hiding in the toilets of the Riverfront.

Det Gda O'Boyle said that a phone found on Ciaran Duffy matched the number of a phone used to contact the owner of the digger, which was for sale, regarding test drives two days before the botched theft.

He said that gardaí had also put the yard in Tullypole under surveillance and that two bags containing €298,900 were recovered along with a money-counting machine.

When Gerard Duffy was arrested, he commented to a garda at Carrickmacross Garda Station "do you think I'm fucked?" and "it wasn't me with the bucket".

Ms Murphy said that when Gerard Duffy was interviewed he claimed that he owed €10k and had to do "a job" after having a row in a pub or he would be shot.

Gardaí watching the yard on August 20, 2019, stopped a Toyota Avensis at the scene. The Avensis was carrying Stephen and Ciaran Duffy and officers seized a combined €103,930 from the footwell and boot of the car. Gardaí also searched the home of Stephen Duffy and found €15k stashed in a ride-along lawnmower.

Ms Murphy said Forensic Science Ireland investigations found fibres from Ciaran Duffy's clothing in the cab of the digger at the scene in Virginia.

Det Gda O'Boyle said Ciaran Duffy has no previous convictions but that Gerard Duffy had eight, all of which were dealt with at District Court level. He said Stephen Duffy had 11 previous convictions that included trespassing, handling and possessing stolen property, and criminal damage.

Barrister for Gerard Duffy Hugh Harnett SC said his client, a builder, was "hard-working throughout his life" and in a steady relationship.

Mr Hartnett said his client had met all of his bail conditions and had made admissions in the case in interview. He said Gerard Duffy was apologetic for what had done and that had entered an early guilty plea.

The barrister said character references from Gerard Duffy's girlfriend, employers and others were before the court.

Mr Hartnett asked the court to show his client "some light at the end of the tunnel" and described Gerard Duffy as a "settled and stable person" who hoped to return to work.

Bernard Condon SC, for Stephen Duffy, said his client was a passenger in the rear of the Avensis, which was stopped at Tullypole. Mr Condon put it to Det Gda O'Boyle that another person could have possibly stowed the €15k in the lawnmower, to which the witness agreed. Mr Condon said that Stephen Duffy's involvement was "limited" and that, "significantly", he had entered a guilty plea. The barrister said his client had two children with his partner, had a strong employment history and had written a letter of apology knowing his actions will "change his life forever".

Patrick Gageby SC said that Ciaran Duffy had "significant" work and character references before the court and that he expressed remorse. Mr Gageby said his client was a "very different picture" outside of the court and was a "good friend, neighbour and colleague of good standing in the community".

Mr Gageby said Ciaran Duffy apologised to his family, friends, the community and neighbours for disappointing them.

Mr Justice Tony Hunt, presiding, sitting with Judge Gerard Griffin and Judge Cormac Dunne adjourned all matters to March 4 to pass sentence and remanded the three brothers in custody.

In December, Gerard Duffy (31) of Greagh, Loughnamore, Co Monaghan, pleaded guilty to the attempted theft of an ATM at the Riverfront Bar & Restaurant, Main Street, Virginia, Co Cavan, on August 14, 2019.

He had been charged with the serious offence of 'the attempted theft of the ATM and its contents for the benefit of, at the direction of, or in association with, a criminal organisation, contrary to Section 73 of the Criminal Justice Act 2006'.

Brother Ciaran Duffy (28) of the same address, pleaded guilty at the court to three offences connected to the same investigation.

Duffy pleaded guilty to participating in criminal activities while in a Toyota Avensis at Tullypole, Moynalty, Co Meath on August 20, 2019 by participating in the movement of cash on behalf of a criminal organisation.

He pleaded guilty to attempting to commit an offence under the Criminal Justice (Theft and Fraud) Act by attempting to steal the ATM and its contents at the Riverfront Bar & Restaurant.

Duffy also pleaded guilty to participating in or contributing to the possession of cash at Tullypole, Moynalty, on August 14, 2019, intending to facilitate the commission of an offence by a criminal organisation.

Eldest brother Stephen Duffy (35) of Tullynahinera, Castleblayney, Co Monaghan, who was the first to plead guilty, admitted to possessing cash at The Yard, Tullypole, Moynalty, Co Meath, on August 20, 2019, in association with a criminal organisation.

In November, Niall Finnegan (39) was jailed for four-and-a-half years with the final 18 months suspended for possessing cash, which was the proceeds of the ATM thefts carried out by the gang.

Finnegan of Cherry Grove, Cullyhanna, Co Armagh, pleaded guilty in July at the court to possessing or handling €103,000 at Tullypole in August 2019.

In sentencing Finnegan, Mr Justice Hunt said Detective Sergeant Mark Looby had given evidence to the court regarding an investigation into ATM thefts carried out by what gardaí believed to be a cross-border gang based in east Monaghan and south Armagh.