Kerry crystal meth haul co-accused had 'no connection' to machine where drugs were found, court told

From his 'sparse' viewing of the disclosure so far, defence barrister Colm Symth SC said he was 'confident' that his client had no link to drugs found in the third machine

James Leen faces two charges of drug importation at Cork Port, Ringaskiddy, on October 16, 2023, of methylamphetamine, known as crystal meth, and possession of the drug worth €13,000 or more at Ballyseedy Garden Centre between October 27, 2023, and mid-February 2024. File photo: Facebook

Phone records will show that a Kerry man charged with the State’s largest ever crystal meth seizure had no connection to the €32.4m haul, his defence barrister has claimed.

James Leen, aged 42, was co-accused with importing crystal meth from the Mexican Sinaloa cartel and smuggling it through Ballyseedy Garden Centre outside Tralee in a large, purpose-built industrial machine before attempting to export it to Australia.

However, defence barrister Colm Smyth SC said that, while Mr Leen had links to two other legitimate machines at Ballyseedy, he had no links to the machine which contained the drugs.

The State had “conflated” facts with three machines involved, Mr Smyth told the Special Criminal Court on Monday.

“I’m satisfied Mr Leen has no connection to this machine,” his counsel said.

The defence had been served significant disclosure on September 26, Mr Smyth said, with further disclosure on September 30.

Legitimate business

From his “sparse” viewing of the disclosure so far, Mr Smyth said he was “confident” that his client had no link to drugs found in the third machine.

Proof was contained in emails that, although Mr Leen was connected to two legitimate machines at Ballyseedy Garden Centre, he had “no connection” to a third machine which contained the drugs.

One legitimate machine was brought in to recycle scrap metal, while another was for composting food that was to be used in the centre's restaurant, Mr Smyth said.

And while his client had links to these two machines, to be used in legitimate businesses, he had no proven connection to the third machine containing the drugs, he said.

“The Court of Human Rights states that evidence that cannot be tested cannot be trusted,” Mr Smyth said.

And this case “stands or falls” on the data, Mr Smyth said.

“I think I can demonstrate that Mr Leen has no connection to this machine,” Mr Smyth said.

“I think I can demonstrate that what was said in conversation relates to the other two machines”, but not the one containing the drugs, he said.

Without time to fully examine the evidence submitted in the “late disclosure”, he was unable to put up a proper defence, Mr Smyth said.

He requested that the case be adjourned so that the defence team could complete its work.

Encrypted devices

The defence will examine electronic evidence from encrypted devices and access raw data, the court heard.

Mr Smyth also said he wished to involve a shipping expert regarding the machine’s shipping, along with a forensic accountant to examine the allegation regarding Mr Leen’s lifestyle.

Prosecuting barrister John Berry SC said that Mr Leen faces incredibly serious charges — the importation of drugs worth some €33m and directing a criminal organisation.

"Phone evidence is foundational, I acknowledge that," Mr Berry said.

However, full extracts from the devices had been sent to the defence team in July.

Relevant extracts from the phone records of a deceased man, who would be a co-accused in the case if still alive, had also been provided, Mr Berry said.

Phones exhibited in a trial can be requested by the defence to inspect, Mr Berry said.

A "flurry" of communications from the defence team had only escalated in mid-August and September regarding the phone data, he said, adding that he was anxious that the trial proceed as quickly as possible.

Providing full extracts from the phone in July was to reduce the burden on the defence, he said.

Mr Berry did not accept that the prosecution had swamped the defence at a late stage with information.

The case was adjourned by Justice Karen O’Connor until December 19 for a progress update. Mr Leen is to be produced in court again on that date. 

He was supported in court by his father, former Kerry councillor Billy Leen. James Leen wore a white shirt and navy suit, his dark hair gelled neatly back.

Mr Leen, 42, of Pilgrim Hill, Kilmourna, Listowel, Co Kerry, is charged with directing the activities of a criminal organisation. He is also accused of importing methylamphetamine, also known as crystal meth, at Cork Port, Ringaskiddy, Co Cork on October 16, 2023.

Mr Leen is additionally charged with possession of crystal meth for sale or supply and possession of crystal meth at Ballyseedy Garden Centre in Tralee between October 27, 2023 and February 12, 2024 contrary to Section 15A and Section 3 of the Misuse of Drugs Act 1977.

His co-accused, prominent Kerry businessman Nathan McDonnell, was jailed for 12 years in February for his involvement in a plot with the Mexican Sinaloa cartel to traffic crystal meth through Ireland.

A court previously heard how a purpose-built electromagnetic separator machine had concealed more than half a tonne of crystal meth worth more than €32.4m in a highly sophisticated manner. 

This machine had been shipped from Mexico and had been stored in Ballyseedy Garden Centre in Tralee for some months before it was brought to the port in Ringaskiddy, Co Cork, on February 15, 2024, where it was destined for export to Australia.

It was intercepted, and some 546kg of crystal meth was found concealed within it.