Five to be tried at SCC over €157m drug seizure

Five men charged in connection with the biggest drug seizure in the history of the State are to be tried at the Special Criminal Court in Dublin, Mallow District Court was told today.

Garda Inspector Tony O’Sullivan said the Director of Public Prosecutions had instructed that the men go forward for trial on indictment to the Special Criminal Court.

Inspector O’Sullivan also said the book of evidence, which had been expected to be presented today, would be ready in all five cases in two weeks’ time.

He told Judge Colm Roberts that two-thirds of the book of evidence is complete but the State was asking for a two week adjournment until 21 May so that a number of necessary Ministerial Orders could be signed.

All five men have been charged in relation to the seizure of more than 2.2 tonnes of cocaine, with an estimated value of more than €157 million, that was discovered aboard the MV Matthew off the Cork coast last September.

A new charge was preferred today against four of the men – Dutch national Cumali Ozgen, 49 ; Iranian Saeid Hassani, 37, and Ukrainians Mykhailo Gavryk, 30, and Vitaliy Vlosoi, 31, when they appeared before Mallow District Court.

All were charged that they had participated in, or contributed to, activity intending to facilitate a serious offence by a criminal organisation on 24 September 2023.

Evidence of arrest, charge and caution was given in each case.

Inspector O’Sullivan told Judge Colm Roberts that no bail application could be made on the new charge.

He said the State’s application was to remand all four in custody on this charge until Tuesday next 14 May and on the other charges until 21 May next when the book of evidence would be ready.

A fifth crew member, Harold Estoesta, a 30-year-old Filippino national, faced the new charge three weeks ago.

He was remanded in custody at the time to appear today at Mallow District Court for presentation of the book of evidence.

Mr Estoesta’s solicitor Aiden Desmond objected to the State’s application today saying his client has been in custody since last September and despite being assured on a number of occasions that the book of evidence would be ready, it still is not available.

“There has to be a point where this is intolerable,” Mr Desmond said.

Judge Roberts said the State has indicated that the men are to be tried in the Special Criminal Court and a Ministerial Order is required. He said “he can’t resist that situation”.

“I have to grant the application but you may have to consider your options,” he said.

He remanded Mr Estoesta in custody to appear again before the district court via video link next Tuesday, 14 May, when he directed the State to let the court know if the Ministerial Orders have been signed, with the expectation that the book of evidence will be presented to Mallow District Court on 21 May next.

When evidence of arrest, charge and caution was given in the case of 30-year-old Ukrainian Mykhailo Gavryk on the new charge, Judge Roberts remarked that he was not happy.

“The court is getting a committment from the State that the book of evidence will be ready by a certain time and then from nowhere unannounced new charges are been preferred,” the judge said.

Inspector O’Sullivan said investigators had to collect some 300 statements as part of their investigation but that the book of evidence would be ready in two week’s time.

Judge Roberts said: “The court isn’t very impressed by the last minute nature of the charges. It is a very serious matter. It is a complicated matter.

“I don’t doubt the hard work of the Garda Síochána given the complexity of the investigation but charges at the last minute? Could be better.”

He remanded the four in custody to appear via video link before the district court next Tuesday, 14 May, for an update on the issue of the Ministerial Orders, with a view to further remanding them in custody until 21 May next for serving of the book of evidence.