Courts / Cork / Report

Sentence cut for biggest drugs haul in history of the State

Date
2019-07-30
Stage
Appeal
Primary locality
Cork
County
Cork

Summary

The Court of Appeal has reduced the sentence of Martin Wanden, who was found guilty of his role in the €440 million drugs haul that went awry at Dunlough Bay, West Cork, in 2007. Wanden, who pleaded not guilty, was originally sentenced to 30 years imprisonment by Cork Circuit Criminal Court. His appeal, arguing the sentence was "crushing" and disproportionate, was successful. The court re-sentenced him to 23 years, noting mitigating factors including the tragic death of his wife and his status as a foreigner. The court found him "majorly involved" at an operational level, referencing his prior 2005 conviction for smuggling drugs in France. In related appeals, Perry Wharrie's original 30-year sentence was previously reduced to 17.5 years by the Court of Criminal Appeal, though the Supreme Court later ruled this reduction was legally incorrect. Joe Daly's 25-year sentence was upheld on appeal. A fourth defendant, Gerard Hagan, who pleaded guilty to possession of cocaine for sale or supply, received a 10-year sentence. The appeals highlighted the severity of the original sentences, which were among the longest ever imposed for drugs offences in Ireland.

Who, what, where, when and why

What: Report matter: Sentence cut for biggest drugs haul in history of the State. Charges or matters: his role in the €440 million drugs haul which went awry at Dunlough Bay on the Mizen Peninsula, West Cork on July 2 2007; smuggling drugs in France in 2005; possession of cocaine for sale or supply and was sentenced to 10 years on account of his guilty plea. Procedural stage: appeal. Findings: Found guilty

When:

Case subjects

Gerard Hagan

Appellant

Charges: possession of cocaine for sale or supply and was sentenced to 10 years on account of his guilty plea (Admitted)

Plea: Guilty

Outcome: Moving to appeal the severity of his sentence in March, Wanden's barrister, Brian McCartney SC, said his client's 30-year sentence was "crushing".

Joe Daly

Appellant

Charges: possession of cocaine for sale or supply and was sentenced to 10 years on account of his guilty plea (Alleged Or Contested)

Outcome: Wharrie was originally sentenced to 30 years imprisonment while Daly was given 25 years. Daly's 25-year sentence was upheld on appeal.

Martin Wanden

Defendant

Charges: his role in the €440 million drugs haul which went awry at Dunlough Bay on the Mizen Peninsula, West Cork on July 2 2007; smuggling drugs in France in 2005; possession of cocaine for sale or supply and was sentenced to 10 years on account of his guilty plea (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; Wanden successfully appealed the severity of his sentence today on grounds that 30 years imprisonment was "crushing" and disproportionate. Moving to appeal the severity of his sentence in March, Wanden's barrister, Brian McCartney SC, said his client's 30-year sentence was "crushing".

Perry Wharrie

Appellant

Charges: possession of cocaine for sale or supply and was sentenced to 10 years on account of his guilty plea (Alleged Or Contested)

Outcome: Wharrie was originally sentenced to 30 years imprisonment while Daly was given 25 years. Wharrie's sentence was reduced to 17-and-a-half years imprisonment by the Court of Criminal Appeal although the Supreme Court subsequently found, on a point of law, that the court was wrong to have done so.

Places mentioned

Court Venue
  • Court of Appeal
  • Cork
  • Cork Circuit Criminal Court
  • Supreme Court
Secondary Mention

Topics

Drugs Stage Appeal

Related court reports

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