Judge erred in giving drug dealer 30 years

A Cork judge erred in sentencing an Englishman to 30 years imprisonment for his role in the biggest drugs seizure in the history of the State, the Court of Criminal Appeal has found.

Perry Wharrie, aged 56, from Loughton, in Essex was given what his lawyers described as the “highest sentence in the history of the State” for his role in the record €440m drugs haul which went awry at Dunlough Bay on the Mizen Peninsula, West Cork on July 2, 2007.

Wharrie, who had pleaded not guilty to possession of the drugs for sale or supply, was unanimously found guilty by a Cork Circuit Criminal Court jury and sentenced to 30 years imprisonment by Judge Seán Ó Donnabháin on July 23, 2008.

Two of Wharrie’s accomplices, who also pleaded not guilty, were sentenced to 30 years and 25 years respectively for the same offence. A fourth accomplice who pleaded guilty was jailed for 10 years.

Speaking on behalf of the three-judge Court of Criminal Appeal Mr Justice John McMenamin said that in imposing the 30-year sentence on Wharrie “the judge fell into error”.

Mr Justice McMenamin, who sat with Mr Justice Michael Moriarty and Mr Justice Tony Hunt, said the court felt it necessary to indicate its decision following the appeal hearing and the next step was to allow Wharrie the opportunity to tender evidence for a fresh sentence hearing possibly in October.

Reasons for the court’s decision will be furnished at a later date.

Counsel for Wharrie, Michael O’Higgins, said his side had not been able to uncover a term of imprisonment “even comparable” to his client’s 30-year sentence.

Mr O’Higgins said the average life sentence in Ireland was presently 17-and-a-half years.

Wharrie had been in West Cork as “logistical support” but he was not a leader in the venture, Mr O’Higgins said.

A new sentencing hearing is expected to take place in the second week of October