Six of seven accused in case involving Ireland's biggest drugs haul apply to dismiss charges
An application was made to dismiss the charges against Mr Gavryk, Mr Vlasoi, Mr Jelveh, Mr Hassani, Mr Ozgen and Mr Estoesta, who were all aboard the MV Matthew when it was stormed by the army and seized by the State off the Cork coast in September 2023. File picture: Denis Minihane
Six men arrested on the same boat in connection with the biggest cocaine seizure in the history of the State are applying to have all charges against them dropped.
Seven men were due to stand trial this week in connection with the 2.25 tonnes of cocaine seized from a Panamanian registered bulk cargo ship, the MV Matthew.
But in a surprise turn in the Special Criminal Court today, defence barristers said they would be applying instead for all charges against the six men who were aboard the MV Matthew when it was stormed and seized off the Cork coast to be dismissed under the Criminal Procedure Act.
Ukrainians Mykhailo Gavryk, 32, Vitaliy Vlasoi, 32, Vitaliy Lapa, 61; Iranians Soheil Jelveh, 51, and Saeid Hassani, 39; Dutch national Cumali Ozgen, 49, and Filipino Harold Estoesta, 31, were before the three-judge, non-jury Special Criminal Court in Dublin today for a trial that was expected to take four months.
But an application was made to dismiss the charges against Mr Gavryk, Mr Vlasoi, Mr Jelveh, Mr Hassani, Mr Ozgen and Mr Estoesta, who were all aboard the MV Matthew when it was stormed by the army and seized in September, 2023.
An application to dismiss the charges under Section 4E of the Criminal Procedure Act is to be heard in the Special Criminal Court in Dublin, tomorrow.
This application could take a number of days and witnesses may be called, the court heard.
Reporting restrictions exist around these Section 4E applications, with only the fact that a case was brought and the decision being reportable, unless the accused requests that details be reported and the judge sanctions that.
One of the seven men, Ukrainian Vitaliy Lapa, 61, whose trial was supposed to commence today, did not join the application to dismiss all charges.
He was arrested from a fishing boat off Wexford - and not from the MV Matthew – along with UK national Jamie Harbron who pleaded guilty to a charge in connection with the historic seizure last month.
Justice Melanie Greally remanded each of the accused in custody until February 10. A production order for court will then be made day by day as required, she said.
Justice Greally said she was aware that the application to dismiss the charges had been “in the offing for some time.” Brendan Grehan, SC for Mr Ozgen, said that they had been pursuing the matter and had hoped to have the issue addressed in court last month.
Significant additional evidence was also provided recently to lawyers in the trial, including a “very substantial audio recording,” Sean Guerin, Senior Counsel for the State, told the court. This additional disclosure would take some time to examine.
The court also set a new date regarding the sentencing of Jamie Harbron, 31, in connection with the record cocaine seizure.
Mr Harbron was airlifted off a fishing trawler along with fellow accused Mr Lapa after it ran aground on a sandbar off the Wexford coast in September, 2023.
The fishing boat, called the Castlemore, had been bought days previously in Castletownbere, West Cork.
Meanwhile the State was watching a Panamanian registered bulk cargo vessel, the MV Matthew, which had allegedly been operating suspiciously off the south coast.
In a dramatic operation, warning shots were fired before the elite Army Ranger Wing descended from helicopters overhead to storm the MV Matthew.
The ship was brought back to Cork Harbour under armed escort.
Gardaà later revealed that some 2.25 tonnes of cocaine with an estimated value of more than €157m was uncovered and seized from the 190-metre-long, 32-metre-wide ship.
Last month, Mr Harbron, with an address listed at 26 South Avenue, Billingham, Stockton on Tees, UK, pleaded guilty that on a date between 21 September and 25 September 2023, he attempted to have cocaine in his possession for the purpose of sale or supply, contrary to the Misuse of Drugs Act.
Mr Harbron was also charged that he contributed to an activity intending or being reckless as to whether such activity could facilitate an organised crime group in the commission of a serious offence.
But barrister Grainne O’Neill, BL, said that they were still waiting for reports connected with Mr Harbron's trial. She said they would probably need six weeks to finalise matters.
Ms Justice Greally remanded Mr Harbron until February 24 when he is to appear via videolink in the Special Criminal Court. Ms O’Neill also requested an education report from Portlaoise Prison on Mr Harbron be supplied.
The MV Matthew has cost the State €100,000 every week to maintain since it was seized in September 2023. The State paid €5.3m to maintain the ship between September 26, 2023, and October 2024, a court heard late last year.
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