THE POSSESSION of false passports should not automatically lead jurors to assume that somebody is involved in drug dealing, a judge told a jury in the largest drugs trial in the history of the State.
Judge Seán Ó Donnabháin began his address to the jury yesterday morning in the trial of three Englishmen charged in connection with the discovery of €440 million worth of cocaine at Dunlough Bay, near Mizen Head in west Cork, on July 2nd, 2007.
Martin Wanden (45), no fixed abode, Perry Wharrie (48), Pyrles Lane, Loughton, Essex and Joe Daly (41), Carrisbrooke Avenue, Bexley, Kent, each deny three charges including possessing cocaine for sale or supply at Dunlough Bay on July 2nd 2007.
Judge Ó Donnabháin began by reviewing the evidence presented by the prosecution, including evidence that gardaí found what they allege are false passports for one of the accused, Martin Wanden, in the names of Steven Witsey and Anthony Linden.
The State has also presented evidence that another accused, Perry Wharrie, had a false passport in the name of Andrew Woodcraft, a name he used to enter the country when flying from Faro to Dublin in June 2007.
"You have to be careful with passports. Just because a person has a false passport or two, you cannot conclude that they are in drug-dealing or drug possession. Of course you can take it into consideration," he told the jury of nine men and two women.
Judge Ó Donnabháin also warned them about the various names of other people not before the court, described by the prosecution as being involved in an elaborate plan to import drugs into the country on the day in question.
"There is mention of others, Michael Daly, Charlie Goldie, Big Al or Small Ned, it doesn't matter, none of these people is before the court, you are not here to decide if Charlie Goldie exists or not, you are here to decide if these three men here are guilty or not guilty."
The jury would also have to decide whether one or all of the accused were part of a plan to bring in drugs, or, "were they unlucky, were they just in the wrong place in the wrong time?"
Judge Ó Donnabháin also cautioned the jury when reviewing CCTV video footage presented by the prosecution, reminding them that they should not assume anything about the guilt of anyone simply because they may be seen on CCTV footage with someone else.
"There is no such thing as guilt by association - just because there is footage of people together, doesn't mean that they are guilty," said Judge Ó Donnabháin with reference to CCTV footage from locations in west Cork and elsewhere.
Among the items of CCTV footage entered into evidence by the State is footage from Pembroke Docks on the night of June 14th/15th 2007 which the State submits shows one of the accused, Joe Daly, driving a blue jeep towing an inflatable boat on to the ferry for Ireland.
It is also the prosecution's case that the CCTV footage shows a man travelling with Mr Daly whom the State alleges was Martin Wanden.