Six men who are due to go on trial in relation to a raid on a Panamanian cargo ship that resulted in the largest cocaine seizure in Irish history have failed in a bid to have the charges against them dismissed.
The men, who are charged with offences arising from the seizure of the cocaine, applied to the non-jury Special Criminal Court on January 13th to have the charges against them dismissed.
The hearing before the three-judge court began three weeks ago with submissions being made by Mr Brendan Grehan SC, representing Cumali Ozgen, which the other five defence lawyers also adopted on behalf of their clients.
Seán Guerin SC made replying submissions on behalf of the Director of Public Prosecutions (DPP).
The application was made under Section 4E of the Criminal Justice Act 1999 which prohibits reporting of the evidence submitted and arguments made during the hearing.
The six men who made the applications are Ukrainians Mykhailo Gavryk (32) and Vitaliy Vlasoi (32); Iranians Soheil Jelveh (51) and Saeid Hassani (39); Dutch national Cumali Ozgen (49) and Filipino Harold Estoesta (31).
The men are charged with drug trafficking offences at sea contrary to the Criminal Justice Act 1994.
The 2.25 tonnes of cocaine that was seized from the MV Matthew, a Panamanian-registered bulk carrier, has an estimated value of more than €157 million. The ship was boarded in a dramatic operation by the Army Rangers, a specialist wing of the Irish Defence Forces, in September 2023.
Ms Justice Melanie Greally, presiding, sitting with Judge Sarah Berkeley and Judge Gráinne Malone delivered the court’s judgement on Tuesday afternoon. The presiding judge said the non-jury court was refusing the application to dismiss the charges against the six men in accordance with Section 4E of the Criminal Justice Act 1999.
Having delivered the court’s judgement, Mr Grehan, defending Mr Ozgen, said “everyone” would require time to assimilate the decision and explain it to their respective clients.
Ms Justice Greally adjourned the matter until Wednesday.
Last week, a seventh man Ukrainian national Vitaliy Lapa (62), with an address at Rudenka, Repina Str in Berdyansk, appeared before the three-judge court, where he was arraigned on one of the two charges against him.
Lapa pleaded guilty that on dates between September 21st and 25th, 2023, both dates inclusive, at a location within the State, he attempted to have in his possession a controlled drug, namely cocaine, for the purpose of selling or otherwise supplying the drug to another, in contravention of the Misuse of Drugs Regulations 2017 to 2023, made under section 5 of the Misuse of Drugs Act 1977, and at the time when the controlled drug was in his possession, the market value of the controlled drug amounted to €13,000 or more, an indictable offence.
Lapa was also facing a charge that between July 15th and September 23rd, 2023, both dates inclusive, within the State, with knowledge of the existence of a criminal organisation, he participated in, or contributed to, activity intending to, or being reckless as to whether such participation or contribution could facilitate the commission of a serious offence by that criminal organisation or any of its members.
Lapa was the only one of the accused men who did not make an application under the Criminal Procedure Act to have his case dismissed.
UK national Jamie Harbron (31) previously pleaded guilty to an offence arising from the seizure. He will appear before the court later this year for a sentencing hearing.
Harbron of South Avenue, Billingham in the UK, pleaded guilty that on a date between September 21st and September 25th, 2023, both dates inclusive, he attempted to have cocaine in his possession for the purpose of sale or supply, an offence under the Misuse of Drugs Act.
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