Friday deadline to find Irish data analysis expert in Kerry crystal meth case

James Leen has been charged with directing a criminal organisation and with importing crystal meth from Mexico and smuggling it through Ballyseedy Garden Centre outside Tralee, Co Kerry in a large, purpose-built industrial machine before attempting to export it to Australia.

A Kerry man charged in connection with the largest crystal meth seizure in the history of the State has until Friday for his defence team to find Irish experts who can analyse phone and laptop data before his trial.

Defence barrister Colm Smyth had requested that the trial of James Leen, which was due to start on Monday in the Special Criminal Court, be adjourned to allow for the analysis of data on two mobile phones and two laptops.

However, Ms Justice Caroline Biggs refused to adjourn the trial, saying it had already been adjourned one year ago to allow for the defence team to analyse such data.

It was not appropriate for the defence to come to court on the day of the trial and say that it was not able to proceed for the same reason it had been adjourned one year ago, Judge Berkeley said.

James Leen, aged 43, has been charged with directing a criminal organisation and with importing crystal meth from Mexico and smuggling it through Ballyseedy Garden Centre outside Tralee, Co Kerry in a large, purpose-built industrial machine before attempting to export it to Australia.

Two mobile phones and two laptops which were seized in Cork and Kerry during the investigation contained information that the defence had not yet been able to analyse, the Special Criminal Court heard.

Mr Smyth said the defence team had been unable to find experts to analyse the data in Ireland.

Although they had found experts in Texas who could analyse the data, the data was not permitted to leave the jurisdiction and any such analysis would have to be done under the supervision of Irish authorities, Mr Smyth said he had been told.

Prosecution 'readily accepts the centrality' of phone data

John Berry, prosecuting, said the trial was listed for last October and that the prosecution “readily accepts the centrality” of phone data to the trial.

The difficulty was “the sheer quantity” of data on the phones and that some of it was of a personal nature and irrelevant to the case.

A balance had to be struck between protecting the rights of the defendant and the right to privacy of witnesses whose devices were seized during the investigation.

Gardaí had first analysed the material and it had also been analysed by lawyers in the office of the Director of Public Prosecutions before being given in disclosure to the defence.

The court heard that Irish experts are often employed to analyse phone data for the courts. Experts had also been found to analyse the machinery involved in the case, the court heard.

Mr Berry said he could not consent to a further adjournment of the trial after it had already been adjourned for one year, but he said he had to accept the centrality of phone data to the case.

He estimated the trial should last some four to six weeks.

The devices in question were two mobile phones and two laptops. But one of the laptops — a Dell laptop which had been seized in Cork — had been inaccessible to gardaí, containing no data, Mr Berry said.

The other laptop had been inactive for two years prior to the case and contained no data of relevance to the trial, he said. But, he said that he had no issue with the defence accessing them.

Defence has until Friday to find Irish expert

Judge Biggs said the defence could have until Friday to try to procure an Irish expert to analyse the remaining digital data.

If no Irish expert could be found by Friday, the State would consider allowing experts from outside the jurisdiction to analyse it instead, she said. Judge Berkeley said she wanted to proceed with the trial either on Friday or next week.

Mr Leen, with an address at Pilgrim Hill, Kilmourna, Listowel, 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.

He is also charged with possession of crystal meth for sale or supply and possession of crystal meth at Ballyseedy Garden Centre between October 27, 2023, and February 12, 2024.

Another man, 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.

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.