DUBLIN: The Court of Criminal Appeal has reserved judgment on a bid by a man to secure a fresh appeal against his conviction for his role in smuggling €440m worth of cocaine off the Irish coast.
Perry Wharrie claims he should not have been convicted for sale and supply because the drugs were not destined for this country.
In 2008, Wharrie received a 30 year prison sentence the longest ever handed down in the State for a drugs conviction for his part in the bungled smuggling attempt at Dunlough Bay, Mizen Head, on July 2nd, 2007. His sentence was later reduced on appeal to 17 and a half years imprisonment.
Wharrie, from Loughton, Essex, England, was found guilty by a Cork Circuit Criminal Court jury following a 42 day trial and his appeal against his conviction was dismissed.
He is now asking the Court of Criminal Appeal to certify a new appeal to the Supreme Court on grounds that he has an important point of law of exceptional public importance to raise.
The point of law concerns whether he should have been charged with the offence of having the drug for sale and supply when it was not destined for this country. He claims it could only be an offence in this country if so destined.
Opposing the application, the DPP argues Wharrie did not engage with the evidence and did not admit the drugs were intended to be supplied in another jurisdiction.
His contention would lead to a situation where accused persons in a sale or supply case could simply assert the drugs were for export and not intended for sale and supply in the State. The prosecution would also have to prove at trial that controlled drugs were intended for sale within Ireland, it is argued.
On Thursday, the Court of Appeal, comprising Justice John MacMenamin, Mr Justice Moriarty and Mr Justice Brian McGovern reserved judgment on the application.
Wharrie was not in court but viewed proceedings from prison via video link. Wharrie and his co-accused were arrested by gardaí after their rigid inflatable boat carrying 1.5 tonnes of cocaine got into difficulties off the Cork coast when one of its petrol engines was filled with diesel, causing the craft to sink in rough seas.
The cocaine was transferred to their boat from a Catamaran after a rendezvous at sea. Life boat crews who came to the aid of the sinking boat found 65 bales of cocaine. Customs officials who went to Dunlough Bay found Wharrie and another man making their way up from the cliffs.
