Customs and Excise officers have uncovered a major counterfeit vodka fraud in the west. As a result, 19 prosecutions are pending against publicans throughout the country for selling the illicit spirit.
The first of the publicans appeared in court yesterday for selling the counterfeit Smirnoff vodka.
Maura Comer, licensee of the Court Inn, Swinford, Co Mayo, pleaded guilty at the local court to offences under the Illicit Distillation Act 1831. Ms Carol Connolly, a Customs and Excise officer, said that in a search of Comer's premises in Swinford on November 23rd, 2001, several bottles marked as Smirnoff vodka were discovered.
The officers found they did not have authentic Smirnoff vodka labels. They checked the caps and did not believe the bottles to be Smirnoff. Comer told them that she had purchased the bottles in a cash-and-carry in Castlebar.
Witness seized 10 full bottles of Smirnoff vodka and four opened bottles - a total of 13.5 litres in all. On November 27th, two sealed bottles were brought to the investigation bureau in Dublin.
On December 14th Comer again insisted she had purchased the bottles at the cash-and-carry in Castlebar. This premises was inspected on December 19th and all the Smirnoff stock was found to be regular.
The caps on the regular bottles had Smirnoff printed clearly on them and this was legible. The colour of the labelling was slightly different and there was a number printed on the back of the front label on the genuine Smirnoff vodka bottle.
All of these were different on the bottles seized in Comer's premises. Witness was satisfied the goods at the cash-and-carry were authentic.
Ms Connolly said searches were carried out at this and other premises in Mayo, Leitrim, Roscommon and Sligo as a result of information, with a particular focus on Smirnoff vodka.
The court heard this was the first such prosecution in many years and there are 19 cases pending throughout the country.
Mr Ross Alott, a risk manager responsible for brand protection with Diageo, the company which owns Smirnoff, said he received one sealed bottle of the vodka from a Customs and Excise officer.
He saw certain elements of print were missing from the cap. From the three labels on the bottle he could determine that it was counterfeit.
The bottle was an original that had been used, emptied and then reused with counterfeit product.
Witness said the alcohol strength of the product was 34.6 per cent. The alcohol strength of genuine Smirnoff vodka was 37.5 per cent. This was the first indicator that the liquid was not genuine.
On further examination he looked for three trace sugars which are contained in Smirnoff vodka. These were absent.
Further comprehensive analysis showed that glycerol, a standard food additive used in some vodkas, was present in the vodka tested. Glycerol is not found in Smirnoff vodka.
Judge Mary Devins said it was a very serious matter and she adjourned the case to February 14th for further legal argument.