Ian Fitzgibbon made a mistake that ended up in the hands of the police. The 29-year-old was sentenced to 14 and a half years in prison after being exposed as the EncroChat user “VimtoHawk” at Liverpool Crown Court today, Tuesday 16 July.
Fitzgibbon was cleared of all responsibility for Ashley Dale’s murder during a trial at Liverpool Crown Court last year. However, it was revealed that Fitzgibbon used the encrypted communications platform to trade heroin and cocaine with associates including Niall Barry and Sean Zeisz, the organisers of the fatal shooting.
Fitzgibbon also made a mistake in front of the police. On the day he was arrested at his flat in Linnet Lane, Sefton Park, on 20 February this year, Fitzgibbon was seen throwing a phone out of the window which “landed close to an officer who had seen him throw it”.
At this point, his sister Claudia Fitzgibbon knocked on the front door and he was arrested. A total of £12,000 in cash was recovered from the address. During questioning, Fitzgibbon accepted that he had used the Encro phone and had been “involved in heroin and cocaine trafficking, but that it would not have been the amount stated in the statement provided”.
He subsequently “exercised his right to remain silent” except to say he was a “fool” and “talk at the top of his lungs” when discussing 50kg of heroin being available in London in EncroChat messages. Fitzgibbon pleaded guilty to conspiracy to supply cocaine and heroin, as well as acquiring, using and possessing criminal property.
Sentencing Fitzgibbon, Judge Andrew Menary KC said: “It is clear that you were a reliable middleman with a ready supply and infrastructure to collect and deliver those drugs across the country. You also operated your own lines. You were therefore clearly playing a leading role. You were arranging the buying and selling on a commercial scale with significant links to others in the chain in the expectation of substantial financial advantage.
“The fact that £12,000 in cash was found at the time of your arrest is only a modest indication of the amounts of money that were being discussed and changing hands between you and the people you were dealing with. Considering the nature of the goods being discussed and the abject misery caused in this city and across the country, the tone of these messages is remarkably mundane.
“You and those you conspired with thought your actions would never come to light. He added: “In terms of mitigation, the most significant factor is of course your guilty plea, which followed earlier indications in your interview and at the magistrates’ court.
“He has also sent me a letter expressing his regret and his desire to make the most of his time in custody and his prospects to lead a more honest life, particularly in light of the impact his offending will have on his family.
“I am prepared to accept that your expressions are genuine and that you have a desire to change. As you now realise, a miserable future awaits you as you serve ever longer prison sentences.”
