Man held over record drugs seizure faces new charge at court

Mr Estoesta was a crew member on the MV Matthew when elite army rangers boarded the moving vessel in stormy waters off the Cork coast last September
Man held over record drugs seizure faces new charge at court

Harold Estoesta replied ‘nothing, no comment’ after he was charged and cautioned on Monday morning. Picture: Dan Linehan.  

A NEW charge has been brought against a man arrested in connection with the biggest drug seizure in the history of the State.

Harold Estoesta, aged 30, a Filippino national, faced a new charge that on September 4, 2023, with knowledge of a criminal organisation’s existence, he participated in or contributed to activity intending to facilitate a serious offence by that criminal organisation or its members.

This was contrary to Section 72 of the Criminal Justice Act 2006, as substituted by Section 6 of the Criminal Justice (Amendment) Act 2009.

No bail application could be made on the new charge, Inspector Tony O’Sullivan told Mallow District Court.

Mr Estoesta replied “nothing, no comment” after he was charged and cautioned yesterday morning, Detective Garda Redmond O’Leary told Mallow District Court.

Mr Estoesta was a crew member on the MV Matthew when elite army rangers tight-roped onto the moving vessel in stormy waters on September 26, 2023, and detained the vessel in a joint operation between gardaí, customs officers and the Naval Service in which cocaine worth in excess of €157m was seized.

Mr Estoesta is one of five men who were charged after some 2.25 tonnes of cocaine were seized from the MV Matthew in that operation.

Statements

Gardaí have taken 290 statements, gathered some 200 exhibits of which 50 are electronic devices, and are consulting both internal and external experts in what is the biggest drugs seizure in the history of the State, Det. Gda O’Leary said.

Mr Estoesta’s solicitor, Aiden Desmond, said that the State’s book of evidence in the case was due yesterday. His client has been in prison since he was first charged more than six months ago, he said.

Mr Desmond noted that on March 5 he was informed that Mr Estoesta’s matters would be dealt with in the Circuit Court, but 42 days later the book of evidence had not been served and there had been no application to extend the period for it.

The court had to be satisfied of good reasons to extend that period for the book of evidence, and Mr Desmond said that he did not believe the State had made that case.

Inspector Tony O’Sullivan said that he had been informed by the State that the book of evidence should be available for all the accused on May 7.

Judge Colm Roberts granted the State an extension for making that book of evidence available.

Judge Roberts acknowledged that Mr Estoesta and his co-accused had now been in custody for some time and he said that he had expressed concern when the dates to serve the book of evidence were not reached.

But he was not satisfied that the delays were “caused by any malfeasance” by the State.

They were instead due to “the investigation and the complexity of the case before the court“.

Judge Roberts said: “This is the biggest drug trial in the country.

Ongoing

Several jurisdictions are involved and to some extent, the investigation is still ongoing regarding the analysis of some devices, he said.

Although “one could force the State to have the book of evidence today” it would be incomplete and a later application would have to made to add to it.

“I understand that your client needs a date for a hearing as soon as possible,” Judge Roberts said, but that could only happen when the full case against him had been made so that the defence could have the full case to work on.

Applications by defence legal teams to board the MV Matthew are expected but the ship cannot be boarded until all the evidence has been gathered and that “is all taking time,” Judge Roberts said.

“I am allowing an extension for the book of evidence,” Judge Roberts said.

“The reality of the situation is that because of the nature of the offence, it is requiring a lot of An Garda Síochána and other experts to be involved, which regretfully takes an awful lot of time.”

Mr Desmond said that the defence would also require “plenty of time” to work on its case once the book of evidence has been delivered.

“That is out of my control,” Judge Roberts said.

“But what’s good for the goose is good for the gander. If the State took more time it’s likely the defence will be given more time.

“I appreciate the situation, I do share your client’s frustration, it is important that things move forward as quickly as possible. But it is a complex case,” Judge Roberts said.

Mr Estoesta was remanded in custody to appear again on Monday, via videolink in Mallow District Court, on the new charge. On the older charges he consented to appearing on May 7 “hopefully” for the book of evidence to be served on him and on his co-accused, the court heard.

Mr Estoesta carried the self-help book ‘Mastery’ by Robert Greene which examines the lives of historic figures including Leonardo da Vinci and Albert Einstein to draw lessons on how to become successful. He wore reading glasses, a dark green Puffa jacket and beige trousers.

Interpreter

He was aided in court by a Filippino interpreter. Mr Estoesta previously told the district court that he was innocent, that he had been “tricked” and he deserved to be freed.

The Filipino national was previously charged with possession of cocaine for sale or supply with a value in excess of €13,000 in Irish waters and for possession of cocaine for sale or supply with a value in excess of €13,000 outside of Irish territorial waters.

He was also charged with conspiracy to have in his possession, on September 24, cocaine for sale or supply in excess of €13,000 in contravention of Sections 5 and 15a of the Misuse of Drugs Act, 1977.

He is one of five men facing these charges after some 2.25 tonnes of cocaine with an estimated value of more than €157 million was seized from the large bulk carrier ship, the MV Matthew, off the Cork coast in September.

Dutch national Cumali Ozgen, aged 48; Iranian Saeid Hassani, aged 37, and Ukrainians Mykhalo Gavryk, aged 30, and Vitaliy Vlasoi, aged 31, have also been charged in relation to this incident.

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