Cocaine trial jury sent to hotel overnight
Jurors who have spent the Summer listening to over 300 witnesses in the €440-million cocaine trial at Cork Circuit Criminal Court were sent away to a city hotel for the night and will resume their deliberations tomorrow.
They were sent out at 10.57am this morning to commence their deliberations on whether the three accused men are guilty or not guilty of the charges they face in the biggest drugs trial in the history of the State.
Judge Seán Ó Donnabháin told them at 5.19pm: "I am going to ask you to suspend your deliberations for the day. I am going to send you to a hotel."
He instructed them to return to resume their deliberations at 10.30am tomorrow.
Joseph Daly of 9 Carisbrook Avenue, Bexley, Kent, Perry Wharrie (aged 48), of 60 Pryles Lane, Essex, England, and Martin Wanden (aged 45), who is also English but has no fixed abode all deny charges including possession of cocaine for sale or supply when its street value exceeded €13,000 on July 2, at Dunlough Bay, Mizen, Goleen, Co Cork.
Judge Seán Ó Donnabháin told the jury earlier yesterday that they had to reach a decision on each of the three accused and on each of the three charges. Furthermore he told them that their decisions had to be unanimous.
The judge told them they could have as long as they needed to reach their verdicts.
“The State have said they have proved an overall general organising of possessing drugs in the State and they have proved a joint enterprise in that possession for sale or supply.
“They are relying on somewhat different facts to show the involvement of each of the accused.
“Whether the accused or any of them are involved is a matter for you. You are the only judges of the facts,” he said.
The jury consists of nine men and two women - one woman was released from the jury earlier this month.
He also explained the law which was introduced on July 1 2007 related to inferences that could be drawn from evidence of defendants not commenting during garda interviews on matters which they later rely on in their defence during a trial.
The judge said that this legal issue was relevant in the cases of Wanden and Daly, both of whom gave evidence during the trial.
“There is one man for whom these inferences do not apply and that is Mr Wharrie. He did not give evidence and that is his right.
“The State places a lot of reliance on incriminating material in the boot of his hire car, the Passat. Mr O’Leary (Wharrie’s senior counsel, Tim O’Leary) says, what has that got to do with Perry Wharrie? Where is the evidence that he ever knew it was there? it wasn’t alone in the boot, it was in a bag in the boot,” Judge Ó Donnabháin said.
The judge addressed the jury in relation to Daly and Wanden on Friday.
At 4.30 p.m. yesterday the jury came back with two questions in relation to fingerprints. Judge Ó Donnabháin clarified for them that the palm print of Joseph Daly was found on one piece of paper with various notes on it. He also told them that Daly’s fingerprint and Wanden’s palm print were found on the boat seating unit that was also an exhibit in the case.
