The Court of Appeal has dismissed Christopher Wiggins’ appeal against his conviction for possessing cocaine for unlawful sale or supply, ruling that he had not shown grounds to withdraw his guilty plea and reopen the case.
Wiggins was one of three people aboard the yacht Dances with Waves when Naval Service officers boarded it about 150 nautical miles south-west of Mizen Head on 5 November 2008. The vessel carried 1,504kg of cocaine. The judgment put its value at between €100 million and €400 million.
The three men pleaded guilty to an offence under section 15A of the Misuse of Drugs Act 1977. Cork Circuit Criminal Court sentenced each to 10 years’ imprisonment on 8 May 2009. The prosecution later entered nolle prosequi on two other counts against them.
Wiggins, representing himself on appeal, argued that the boarding was unlawful under the UN Convention on the Law of the Sea and that the law did not permit a section 15A charge on the facts. The Court of Appeal said his second argument could not succeed because the relevant legislation included section 15A offences within the definition of drug trafficking offences.
The court described questions about the boarding as complex and said they were at least arguable. These included whether officers were entitled to board before suspecting that the yacht lacked nationality, and whether any irregularity affected the arrest or prosecution. But the court did not determine those questions: it first considered whether Wiggins could appeal after pleading guilty.
The court said an appeal after a guilty plea was possible in exceptional cases. To reopen his case, Wiggins needed evidence that incorrect legal advice or a mistake of fact materially affected his decision and that it would be unfair to deny him a trial. He had provided no affidavit or documentary material to support his claims about the advice he received.
The court also noted that, at the 2009 sentencing hearing, Wiggins’ counsel had referred to possible technical challenges to the boarding and legislation, and described the guilty plea as saving the State a lengthy trial. The judgment said Wiggins had received the benefit of pleading guilty and had not shown that he was materially misled or misinformed.
The court dismissed the appeal. It did not order a retrial or decide the substantive legality of the boarding.