A Kerry man charged with drug and organised crime charges has successfully had his trial adjourned at the Special Criminal Court.
42-year-old James Leen of Pilgrim Hill, Kilmorna, Listowel, was granted the adjournment to allow his defence fully examine all phone data which may be used as evidence in the trial.
He was sent forward to the non-jury court to stand trial on five charges, including the importation of half a ton of crystal meth, and directing the activities of a criminal organisation.
The court was told that the case stands or falls on evidence relating to data from phones seized from James Leen.
Mr Leen’s trial was due to start today, but his Senior Counsel Colm Smyth told the three judges he had to apply for an adjournment.
Mr Smyth said evidence from phones seized from Mr Leen is fundamental, that the case stands or falls on that evidence, and he needs access to all data from all phones seized.
The court previously heard that a phony machine had arrived and been stored at the former Ballyseedy Garden Centre, containing around half a ton of crystal meth.
Mr Smyth said he will argue that there are actually three machines, and with access to the full raw data from the phones seized, he can demonstrate his client had a connection with two other machines, but not the one containing drugs which went to Ballyseedy.
Mr Smyth said the other two machines were also connected to the Ballyseedy Garden Centre business – a scrap metal machine, and a compost machine relating to food production.
He told the court he received extensive disclosure of phone material in September, some of which was so large it was still being uploaded in his solicitor’s office.
Mr Smyth said his forensic phone expert cannot access the phone data until 12 December, he will take six days to extract it, and then 12 weeks to report back on that data.
He said he is not in a position to advise his client or put up a proper defence in the absence of this data.
Mr Smyth said his client is in custody and is anxious for the case to go ahead, but Mr Leen has instructed that however long it takes, his instructions be carried out in full.
Representing the DPP, Senior Counsel John Berry said the phone evidence is foundational, and he is also very anxious that the trial go ahead.
He acknowledged if the defence wishes to inspect the exhibits, they are allowed to do so.
He said the defence should identify all the specific files it wants to progress matters quickly.
The three judges rose for around ten minutes to consider the application before the Honourable Ms Justice Karen O’Connor said the court has no alternative other than to vacate the trial date.
She said the defence is not able to proceed with the trial at this stage, and the court cannot force on a trial in circumstances where it is not ready to proceed.
The matter will be mentioned again on 19th December, when the defence is to provide a detailed update on its progress.