Truck driver accused of conspiring to import drugs into Ireland granted bail after appeal

Sean Curran, with an address at Carrickyheenan, Aughnacloy, Enniskillen, Co Fermanagh is charged with conspiracy to import drugs valued at €13,000 or more under Section 71 (1) (a) (4) of the Criminal Justice Act 2006.

The 37-year-old was one of ten men arrested in Cork last March in connection with a garda drugs investigation into a sophisticated drugs operation.

It is alleged that he conspired with one or more of nine other named individuals to import drugs worth in excess of €13,000 on dates between February 27, 2024 and March 14, 2024.

If convicted, the offence carries a maximum sentence of life in prison.

Mr Curran was denied bail in the High Court in April by Ms Justice Karen O’Connor and he appealed this at the Court of Appeal yesterday.

After hearing arguments from lawyers on behalf of Mr Curran and the State, Mr Justice Michael MacGrath said the court would admit the appellant to bail subject to a number of conditions, including that he reside at an address in the Republic of Ireland, that he sign on daily at a garda station near this address, that independent surety of €15,000 is provided and that he surrender his passport and other travel documents.

Bernard Condon SC, for Mr Curran, had earlier told the court that the appeal related to two grounds on which bail was opposed in the High Court; whether or not the accused would turn up for his trial and a concern that there would be interference with witnesses or exhibits.

In relation to the concern that Mr Curran was a flight risk, he submitted that the judge erred in finding that strict conditions could not adequately deal with this aspect of the objection.

He said the judge had stated there was no grounds on which she could be satisfied that Mr Curran would turn up for trial, relying on the strength of the evidence and the seriousness of the sentence likely to be imposed if convicted. “That’s really all they have, there’s no Google searches for flights, nothing of that nature,” said Mr Condon.

He submitted the court should have looked for reasons why it could grant bail and said in this case three were offered; a residence in the republic for Mr Curran to reside at located in Monaghan, money as surety in the form of €10,000 from Mr Curran’s mother and an undertaking to sign on twice a day.

Counsel said the applicant in this case was “at the lower end of this” with gardaí stating during the bail hearing that his alleged role was as a driver transporting a truck from Northern Ireland to Cork.

He said the evidence was that this man worked for a company in Northern Ireland “which runs trucks. That’s what he’s always done”.

Mr Condon said it was his submission that in dealing with the flight risk aspect, the judge was “wrong from the start”.

In relation to the issue of interfering with exhibits, Mr Condon said the concern was that people might be released on bail who might then go and to delete the contents of phones. He said this was because gardaí had various phones but did not have pin numbers for all of these devices.

He said what had to be established was the likelihood of interference. “In relation to my client the likelihood cannot be anything other than speculative because he gave his phone [to gardaí] and he gave his pin numbers.”

Counsel submitted the trial judge was “very wrong” in her assessment of how to approach this evidence, stating in her judgement that she could not be “certain” there would not be interference.

In relation to the flight risk concern, Anne-Marie Lawlor SC, for the State, said what is alleged is a most serious offence of a “highly sophisticated nature” involving “complicated logistics”.

“The strength of the evidence against Mr Curran, a man who is not resident in the jurisdiction, was such that there was no error in refusing him bail,” she said. “We say there is no error, either in the approach she took or the conclusion she drew.”

In relation to the interference of evidence, Ms Lawlor said the fact that there was the capacity to access other particular types of technology could lead to the destruction of other evidence and that this seemed to be the evidence that was given “in the round”. She said this was something which had occurred in many cases and was not a “manufactured concern”.

“One has to recognise that what occurred here was a joint enterprise and you are looking at people acting in concert,” she said. “You are entitled to look at some level to global truths.”

In delivering judgement, Mr Justice MacGrath said the court was satisfied that the trial judge ought to have considered the situation of the appellant “in a more defined way” than the other accused in the case, noting that Mr Curran resides “on this island”.

“Mr Curran proposes to reside at an address in Monaghan,” said Mr Justice MacGrath. “The fact that he has no extensive travel history sets him apart from his co-accused.”

He noted that Mr Curran maintains that he was “simply driving his employer’s truck”.

He said that while the court believes that the fact the alleged offences were in furtherance of an organised crime group was a consideration, it stopped short of suggesting that Mr Curran is a member of such an organisation.

He said in the circumstances, the court had come to the conclusion that this is an appropriate case in which bail ought to have been granted. The judge said the court was admit Mr Curran to bail on his own bond of €1,000.

The conditions of bail imposed include that Mr Curran must reside at an address in the Republic of Ireland, that independent surety of €15,000 is provided, that he is not to have any contact with his co-accused, that he surrender his passport and any other travel documents and that he is not to leave the jurisdiction of the State, that being the 26 counties.

He must also sign on daily between 8am and 8pm at the nearest garda station at which he is residing and give an undertaking not to leave the jurisdiction of the State, that being the 26 counties.