The possession of false passports should not automatically lead jurors to assume that somebody is involved in drug dealing, a judge told a jury today in the largest-ever drugs trial in the history of the State.
Judge Sean O Donnabhain began his address to the jury this morning in the trial of three Englishmen charged in connection with the discovery of €440 million worth of cocaine at Dunlough Bay near Mizen Head in West Cork on July 2nd 2007.
Martin Wanden (45) of no fixed abode, Perry Wharrie (48) of Pyrles Lane, Loughton, Essex and Joe Daly (41) of Carrisbrooke Avenue, Bexley, Kent each deny three charges including possessing cocaine for sale or supply at Dunlough Bay on July 2nd 2007.
Judge O Donnabhain began by reviewing the evidence presented by the prosecution, including evidence that gardai found what they allege are false passports for one of the accused, Martin Wanden in the names of Steven Witsey and Anthony Linden.
The State has also presented evidence that another accused, Perry Wharrie had a false passport in the name of Andrew Woodcraft, a name he used to enter the country when flying from Faro to Dublin in June 2007.
“You have to be careful with passports. Just because a person has a false passport or two, you cannot conclude that they are in drug-dealing or drug possession. Of course you can take it into consideration,” he told the jury of nine men and two women..
And Judge O Donnabhain also warned them about the various names of other people not before the court, described by the prosecution as being involved in an elaborate plan to import drugs into the country on the day in question.
“There is mention of others, Michael Daly, Charlie Goldie, Big Al or Small Ned, it doesn’t matter, none of these people is before the court, you are not here to decide if Charlie Goldie exists or not, you are here to decide if these three men here are guilty or not guilty.”
The jury would also have to decide on the issue of whether one or all of the accused were part of a plan to bring in drugs, or, “were they unlucky, were they just in the wrong place in the wrong time?” he asked .
Judge O Donnabhain also cautioned the jury when reviewing CCTV video footage presented by the prosecution, reminding them that they should not assume anything about the guilt of anyone simply because they may be seen on CCTV footage with someone else.
“There is no such thing as guilt by association -just because there is footage of people together, doesn’t mean that they are guilty,” said Judge O Donnabhain with reference to CCTV footage from a variety of locations in West Cork and elsewhere.
Among the items of CCTV footage entered into evidence by the state is footage from Pembroke Docks on the night of June 14th/15th 2007 which the state submits shows one of the accused, Joe Daly driving a blue jeep towing a RIB on to the ferry for Ireland.
It’s also the prosecution’s case that the CCTV footage shows a man travelling with Mr Daly whom the state alleges was Martin Wanden who bought a foot passenger ticket in the name of Anthony Linden for the passage to Rosslare where he left Mr Daly.
“The state says these (the clips of CCTV footage) are strands of the rope which they hope to wind together to form a solid unit,” said Judge O’Donnabhain who advised the jury to bring an overnight bag with them on Monday when they begin their deliberations.
