Judge warns jury in Cork cocaine trial against 'external influences'

The jury in the eight-week €440m cocaine trial today got its strongest warning yet from the trial judge about avoiding any external influences on them.

Judge Seán Ó'Donnabháin has repeatedly warned the jurors – especially coming into weekends – to avoid all media coverage of the case and to have no discussion with anyone about the case.

“It would be an absolute tragedy if anything happened to anyone on the jury because these men (the three accused) would have to go through it all again. Do not talk to any outside party about the case. We are entirely in your hands.

“You are not ready to deliberate yet. You will have Monday and Tuesday and whatever length of time you need,” the judge said.

He also told them to bring an overnight bag with them on Monday. It is anticipated that they will begin their deliberations before noon on Monday and they will have to stay overnight in a hotel if they have not reached their verdicts by about 6.30pm on that day. If that is how it unfolds they will then resume their deliberations on Tuesday.

Joseph Daly of 9 Carisbrook Avenue, Bexley, Kent, Perry Wharrie, aged 48, of 60 Pryles Lane, Essex, England, and Martin Wanden, aged 45, who is also English but has no fixed abode all deny charges including possession of cocaine for sale or supply when its street value exceeded €13,000 on July 2, at Dunlough Bay, Mizen, Goleen, Co Cork.

The judge summarised the prosecution case against each of the defendants outlining the principle allegations against them.

“Daly arrived in Ireland with the blue jeep and with what the State calls the drugs RIB. The jeep was insured in his own name and his own address. He is still in the country on (on July 2 2007) and he is there helping out at the top of Dunlough Bay when the drugs arrive.

“The State says further that he left and disappeared for two days. What can you infer from that? He did not stand his ground. They say his comings and goings are not innocent. He was regularly in the presence of other persons involved. He is associated with Farnamanagh (the rented house in the area), and that none of those things are innocent and that taken together they allow you to infer his guilt,” the judge said.

He said Daly’s evidence was that the State got it all wrong and that he simply did a favour for his brother by bringing in the jeep and boat and that when he saw what was happening he was in such confusion that he got out of the place.

“The State case against Wanden is, Look, he is caught red-handed, this man nearly drowned because of his involvement. He came with the RIB, he is in the water in possession. He is the Steven Witsie, his phone is in the Pele box, according to the State.

“Mr Wanden said they (the prosecution) jumped the gun, they got it wrong, look more closely at this,” Judge Ó Donnabháin said.

In respect of Wharrie, the judge told the jury: “The State says, look, he is there on the cliff as this emergency with the drugs happened, he is there as a member of a joint enterprise. Also they point at the way he fled the scene.

“He arrived from Faro under an assumed name… He hired a Passat with all sorts of incriminating stuff associated with this endeavour. If he did not drive at all on the last night it was another member of the joint venture who he allowed to.”

In respect of all of the allegations made by the State the judge said it was a matter for the jury to decide.