Courts / Cork / Report
Judge "fell in to error" in jailing Englishman for 30 years over biggest drug seizure in history of the State
Summary
In 2008, Judge Seán Ó Donnabháin sentenced Perry Wharrie, 56, to 30 years' imprisonment for his role in the €440 million drug seizure at Dunlough Bay, the largest in Irish history. Wharrie, who pleaded not guilty to possession for sale, was found guilty by a Cork Circuit Criminal Court jury. Two accomplices received 30 and 25 years, while a fourth who pleaded guilty was jailed for ten years. The Court of Criminal Appeal, led by Justice John McMenamin, ruled that the judge erred in imposing the 30‑year sentence and granted Wharrie the opportunity for a fresh sentencing hearing, possibly in October. The appeal decision will be detailed later, but the court has not yet altered the sentence. The case highlights the severity of the original penalty and the appeal's focus on procedural error.
Who, what, where, when and why
What: Report matter: Judge "fell in to error" in jailing Englishman for 30 years over biggest drug seizure in history of the State. Charges or matters: possession of the drugs for sale or supply, was unanimously found guilty by a Cork Circuit Criminal Court jury and sentenced to 30 years imprisonment by Judge Seán Ó Donnabháin on July 23, 2008. Procedural stage: appeal
When:
- July 2 2007 Incident
- July 23, 2008 Incident
- October 2015 Hearing Or Sentence
- 2015-07-22 Publication
Why: The sentencing judge took the view, Mr O'Higgins said, that because of Wharrie's "antecedent history" including a conviction for his role in the murder of a policeman in the UK, he was not entitled to any mitigation. CNI source report
Case subjects
Appellant
Charges: possession of the drugs for sale or supply, was unanimously found guilty by a Cork Circuit Criminal Court jury and sentenced to 30 years imprisonment by Judge Seán Ó Donnabháin on July 23, 2008 (Alleged Or Contested)
Plea: Not guilty
Outcome: Wharrie, who had pleaded not guilty to possession of the drugs for sale or supply, was unanimously found guilty by a Cork Circuit Criminal Court jury and sentenced to 30 years imprisonment by Judge Seán Ó Donnabháin on July 23, 2008. Two of Wharrie's accomplices, who also pleaded not guilty, were sentenced to 30 years and 25 years respectively for the same offence.
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