Two men have been sent forward to a sitting of the Special Criminal Court on charges relating to drugs as well as organised crime.
The charges relate to the biggest seizure of methylamphetamine, known as crystal meth, in the history of the State last February.
The four charges are non-scheduled offences, however, the Director of Public Prosecutions felt the ordinary courts could not deal with these charges, "were inadequate to secure justice", Diane Reidy, State solicitor for the DPP told Tralee District Court.
Both men appeared in person in court.
Businessman Nathan McDonnell of Ballyroe, Tralee, aged 44, is charged with having knowledge of the existence of a criminal organisation of facilitating the commission of a serious offence by that organisation to wit the importation, sale and supply of controlled drugs.
The alleged offence between 16 October 2023 and 16 February 2024, within the State is contrary to Section 72 of the Criminal Justice Act 2004 as amended by Section 6 of the Criminal Justice (Amendment) Act 2009.
Co-accused James Leen, aged 41 of Kilmorna, Listowel, is charged with being a director of a criminal organisation between 7 February 2023 and 16 February 2024 contrary to Section Contrary to Section 71A of the Criminal Justice Act 2006, as inserted by Section 5 of the Criminal Justice (Amendment) Act 2009.
In addition each man is accused of four charges under the Misuse of Drugs Acts, of importation of the drug methylamphetamine known as crystal meth at Cork Port on 16 October 2023; along with possession and possession of the drug for sale or supply at Ballyseedy Garden Centre Tralee between 27 October and 12 February 2024.
Minor amendments were made to three of the charge sheets with regard to the dates at the outset and there was no objection.
Both men appeared separately where the large volume of the book of evidence containing over 1,000 pages was served on them by investigating garda.
James Leen appeared first.
Diane Reidy, State Solicitor for the DPP applied for minor amendments and these were consented to by his solicitor Patrick Mann.
The book was served by Detective Sergeant Dave Howard.
Referring to the allegation against Mr Leen of directing the activities of a criminal organisation, Ms Reidy told the court that pursuant to the 1939 Offences Against the State Act, she was applying to have him sent forward to a sitting of a Special Criminal Court on this charge.
On the four non-scheduled charges under the Drugs Acts, the DPP had certified that the ordinary courts would be inadequate to secure justice, Ms Reidy said.
She was applying to send forward to a sitting of the Special Criminal Court on these four charges, the State solicitor said.
Mr Leen was "vehemently opposing" being returned to the Special Criminal Court on the drugs charges and did not accept the ordinary courts were inadequate to deal with these, Mr Mann, his solicitor said.
He was therefore reserving the right to appeal this, Mr Mann said.
Judge David Waters, noting the State's application that the ordinary courts would be insufficient to deal with the other charges, sent Mr Leen forward on all five charges.
Shortly afterwards businessman Mr McDonnell was led into court.
The book of evidence was served by investigating garda, Detective Sergeant Tommy Griffin.
An application was made by Ms Reidy to send forward Mr McDonnell also to a sitting of a Special Criminal Court on all five charges.
After consultation with his client, Pádraig O’Connell, solicitor, said he had no objection.
However, it was very important that it be put on record for the three judges of the Special Criminal Court what he had indicated in court yesterday in Killarney on behalf of his client, that his client was entering a plea.
Handing in a statement of means to Judge Waters, Mr O’Connell said he was applying for legal aid.
"He’s not a man of means," Mr O’Connell said of Mr McDonnell adding the State had no objection to the application for legal aid.
However, Judge Waters said he did have an objection and he would need evidence to support the legal aid application.
Sworn and "unchallenged" evidence had been given this man was a director of 19 companies which had gone into some form of liquidation in February and he would need to see if he had benefited from the proceeds, Judge Waters said.
He would want to see if Mr McDonnell benefited from that or from other business matters, the judge said, and he was not in a position to deal with an application on legal aid given what was outlined previously in regard to his business interests, the judge told the solicitor.
An application could be made at the Special Criminal Court, the judge added.
However, Mr O’Connell told the judge he was wrong and his client made several appearances and was now at a disadvantage.
There was heavy security surrounding Ashe Street and the courthouse in Tralee for the arrival and departure of the two men.
Mr Leen was returned to Cork Prison and Mr McDonnell to Portlaoise.
