A Tralee businessman charged over Ireland’s biggest ever crystal meth haul has lost his appeal against a decision to refuse him bail.
Former garden centre CEO Nathan McDonnell was remanded in custody after the Court of Appeal ruled that the High Court was right to deny him bail over the €32.8m drug seizure.
The 44-year-old, who attended the hearing in person yesterday, had challenged the refusal but the three-judge appeal court agreed that Mr McDonnell was a flight risk.
Mr Justice Patrick McCarthy said concerns that Nathan McDonnell could abscond were not assuaged by his father’s offer of a €100,000 bail surety, or his ties to the jurisdiction.
Meanwhile, a barrister for the state said she understood an application will be made for the trial to be held in the non-jury Special Criminal Court.
Nathan McDonnell from Ballyroe, Tralee and 41-year-old James Leen of Pilgrim Hill, Kilmorna, Listowel were arrested and charged in February following the seizure of more than 500kg worth of crystal meth in Cork Port.
Senior counsel Michael Bowman for Mr McDonnell said the High Court judge who believed the €100,000 bail surety offer was not adequate had connected this amount to the value of the drugs seized.
He said it should instead have been viewed against Nathan McDonnell's father’s circumstances.
Mr Bowman said there was no evidence Mr McDonnell was connected to anyone who might want to facilitate him leaving the country.
Senior counsel for the state, Roisin Lacey, said the €100,000 bail offer was a very significant sum but for a criminal organisation involved in a case like this, it was a “drop in the ocean."
Mr McDonnell’s alleged involvement was “at a very significant level” and he was far from being a "mule", she said.
Mr Justice McCarthy said the trial judge was right and accurately addressed each of the principal objections on the grounds that the applicant could abscond.
He said this is a case that must involve the engagement of a criminal organisation operating outside the jurisdiction, and which would have substantial funds available.
Mr Justice McCarthy said it had been suggested Mr McDonnell’s life might be in danger at the hands of such an organisation, but the High Court judge had been entitled to take into account that he allegedly acted in a senior capacity and funds might be available to facilitate his flight.
Judge McCarthy said it was “surprising” that Mr McDonnell had failed to make a statement disclosing his financial means.
Mr McDonnell and Mr Leen are both charged with possession of more than €13,000 worth of crystal meth for sale or supply.
The offence is alleged to have happened at Ballyseedy Garden Centre, Tralee, between October 27th last year and February 12th last.
Mr Leen is also charged with importation of the drug at Cork Port on October 16th last.
