Mobile phone evidence points to the innocence of a man accused of directing a criminal organisation and importing €33 million worth of crystal meth, his lawyers have told the Special Criminal Court.
Colm Smyth SC on Monday asked the three-judge, non-jury court to adjourn the trial of his client James Leen (42).
Mr Smyth said Mr Leen’s solicitors have instructed a mobile phone expert who now needs time to examine devices seized by gardaí investigating the drug shipment.
The case relates to the seizure of 564kg of methamphetamine, or crystal meth, with an estimated value of €32.8 million from a container at Cork Port in February 2024.
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The State’s case is that the drugs were imported from Mexico and stored at the Ballyseedy Garden Centre before being transported to Cork, where they were destined for export to Australia.
Mr Smyth said the prosecution’s case against his client “stands and falls” on mobile phone evidence, which it is alleged reveals conversations between Mr Leen and certain criminal elements. It is alleged that the conversations connect Mr Leen to three machines that were imported into Ireland, one of which contained the drugs seized by gardaí, Mr Smyth said.
Mr Smyth said he believes a further analysis of the mobile phones will satisfy the court that, while the messages point to Mr Leen’s involvement in importing two of the machines, he had no connection to the third machine in which the drugs were found.
Mr Smyth described the prosecution’s case as a “conflation of facts” and said he needs time to allow the expert instructed by the defence to explore the mobile phone data which, counsel said, “points to the innocence of Mr Leen”.
Mr Smyth said his client, who has been in custody since February last year, is anxious to get the trial started but does not want to proceed in the absence of a proper defence.
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Ms Justice Karen O’Connor, presiding, agreed to vacate the trial date. She adjourned the matter to December 19th to give the defence expert time to compile his report.
Mr Leen, of Pilgrim Hill, Kilmorna, Listowel, Co Kerry, faces five charges, including one for directing the activities of a criminal organisation between February 7th, 2023, and February 16th of this year. He is also charged with the importation of methylamphetamine, better known as crystal meth, at Cork Port, Ringaskiddy, Co Cork on October 16th, 2023.
He is further charged with possession of crystal meth at Ballyseedy Garden Centre in Tralee between October 27th, 2023 and February 12th, 2024 contrary to section 15A and section 3 of the Misuse of Drugs Act 1977.
