Ryan Dunne
Messages sent to the MV Matthew as the ship tried to escape Irish waters while carrying €157 million in cocaine told a group on board to set a course for Africa at full speed and to burn the drugs if a helicopter attempted to intercept the vessel, a trial has heard.
Counsel for the Director of Public Prosecutions, Seán Guerin SC, said it is the State's case that Filipino Harold Estoesta (31) was alone on the bridge of the ship as it was being pursued by the Irish Navy, putting him in control of its cargo of more than two tonnes of cocaine.
Counsel on Wednesday continued to outline the State’s case against the defendant and his co-accused, Iranian Saeid Hassani (39).
Both men have denied having the cocaine for sale or supply on board the Panamanian bulk carrier MV Matthew. The 2.25 tonnes of cocaine, the largest such seizure in Irish history, has an estimated value of more than €157 million.
The ship was boarded in a dramatic operation by the Army Rangers, a specialist wing of the Irish Defence Forces, in September 2023.
The court previously heard that while the MV Matthew was sailing under the flag of Panama, it was owned by a Dubai-based company known as 'Symphony Marine'. It departed from Curacao, off the Venezuelan coast and sailed across the Atlantic before arriving in Irish territorial waters.
The prosecution case against the two men is that they were directly involved in the physical possession of the drugs by the role they had played as ship's officers.
Mr Guerin said there would be evidence that the men had given direction to others in the preparation for the physical transfer of the drugs from the MV Matthew onto a fishing boat named The Castlemore.
The court previously heard that The Castlemore was grounded on a sandbank off Curracloe on September 24th.
When it became clear "a rendezvous" between The Castlemore and the MV Matthew would not be possible, those on board the cargo ship and those giving directions on shore had attempted to put in place an alternative arrangement for the delivery of the drugs.
WhatsApp group
Continuing his opening address at the non-jury Special Criminal Court on Wednesday, Mr Guerin referenced messages sent in a WhatsApp group known as The Deck Officers, in which he said Mr Estoesta was actively offering ideas and suggestions as to how to advance the drug trafficking operation and how to protect it from the interference of law enforcement officers.
Mr Guerin said that a crucial moment in the case against Mr Estoesta was that at 12.55pm on September 26th, the accused reported that he was alone at the bridge of the ship.
Mr Guerin said that as the MV Matthew was trying to make its escape with a naval vessel in pursuit, the accused was trusted to be alone at the bridge in control of the vessel, putting him in control of its cargo of more than two tonnes of cocaine.
“He is being consulted about the best course of action by those who are in control of the operation on shore,” said Mr Guerin.
Counsel said that at one point, it was suggested “engulfing the lifeboat in flames” to burn the cargo of drugs, with the accused involved in a voluntary discussion and exchange of ideas.
Audio recording
Mr Guerin said that a message was sent to inform those on board to be ready to set the cargo on fire but make a course for Africa at full speed, and if a helicopter attempted to intercept the ship, then the cargo was to be burnt.
Mr Guerin said that an audio recording showed Mr Estoesta telling someone to “prepare gasoline” and “make sure everything burns”.
"At this point, he is clearly playing a role in not just concealing this from law enforcement authorities but also playing a leadership role among those on board,” said Mr Guerin.
Mr Guerin concluded by saying: “They were knowing and willing participants in this operation. The case against them is based directly on the evidence of their individual willing and eager participation in this drug trafficking operation, and in particular in what is a leadership role they play in trying to find solutions to problems that arose, putting in place an alternative mechanism for the delivery of the drugs, and identifying and taking measures to avoid the legitimate attentions of the law enforcement forces.”
Detective Superintendent Keith Halley, who was a Revenue Customs liaison for the gardaí, gave evidence that the authorities received information about a fishing trawler being used for the importation of drugs, which led to the formation of a joint task force between gardaí, the Revenue Customs Service and the Irish Naval Service.
'Daughter ship'
He said that information was obtained about the purchase of a fishing vessel named The Castlemore in Castletownbere, Co Cork, with the person interested in buying it connected to a logistics company in Dubai.
He said that an opinion was formed that this vessel was to be used in drug trafficking as the “daughter ship” in an operation with a “mother ship”, with the smaller vessel meant to leave land and come together with the larger vessel to allow the transport of cargo from one vessel to another. He said that the MV Matthew was suspected of being the mother ship in this operation.
On September 22nd, 2023, The Castlemore left the pier at Castletownbere Harbour with two unknown men onboard, while the MV Matthew was proceeding north to the Irish sea.
Det Supt Halley said that on September 24th, a distress call was received from The Castlemore and emergency services responded, rescuing two individuals.
He said that phones were seized from these individuals and analysed, revealing that there was a substantial amount of drugs involved, with a reference to “2.2t”. He also said there was a message that read the “big bus had turned around”, which was consistent with the movements of the MV Matthew.
Arising from this information, the authorities formed the opinion that the MV Matthew was carrying 2.2 tonnes of cocaine, which “escalated the operation to another level”, said Det Supt Halley.
Visible evidence
He said that when the MV Matthew was boarded and secured by members of the armed forces, there was visible evidence of contraband onboard, namely cocaine. The detective superintendent confirmed there were 2,253kg of the drug, with an estimated market value of €157 million.
He said that the view was taken that certain members of the crew were suspected of having knowledge of importing controlled drugs.
Gary Delaney, a retired naval officer with 40 years’ experience in land and marine surveying, gave evidence to counsel for the State, John Berry SC, that he inspected the systems used by the MV Matthew to work out the ship’s navigation and route.
He explained that the Automatic Identification System (AIS) broadcasts the position of vessels to neighbouring ships, while the Electronic Chart Display and Information Systems (ECDIS) records the ship’s route.
Mr Delaney said that in August 2023, there was a divergence between where the MV Matthew actually was and where it was broadcasting its position as.
He said that from August 22nd to September 7th, the vessel reported itself as doing a perfect circle off the coast of Guyana, but the ECDIS system showed it was off the coast of Venezuela. Mr Delaney said that in the real world, ships do not do perfect circles without dynamic positioning systems, something that the MV Matthew did not have.
The trial, which is now expected to last around six weeks, continues on Thursday, with Ms Justice Melanie Greally presiding over the three-judge court.
Mr Hassani and Mr Estoesta are charged that on September 24th, 2023, on board the vessel MV Matthew within the territorial sea of the State, they had in their possession controlled drugs, namely cocaine, for the purpose of selling or otherwise supplying the drug to another in contravention of the Misuse of Drugs Regulations, 2017 to 2023, made under section 5 of the Misuse of Drugs Act, 1977 and at the time while the drug was in their possession the market value of the controlled drug amounted to €13,000 or more.
They are also charged with the possession of cocaine for sale or supply to a value of €13,000 or more between September 24th and 26th, 2023, both dates inclusive, at locations outside the State, on board the vessel MV Matthew, a ship registered in Panama, a Convention state.
Each man also faces a third charge that on September 24th, 2023, within the State, with knowledge of the existence of a criminal organisation, he participated in or contributed to activity intending to, or being reckless as to whether such participation or contribution could, facilitate the commission of a serious offence by that criminal organisation or any of its members.
Both men have pleaded not guilty to the three charges.
Four co-accused – Ukrainians Mykhailo Gavryk (32) and Vitaliy Vlasoi (32), Iranian Soheil Jelveh (51), and Dutch national Cumali Ozgen (49) – last week pleaded guilty to similar offences connected to the seizure.
