VERDICTS PUT PRESSURE ON SMUGGLERS OF HARD DRUGS

THE image of Ireland as a soft mark for importing massive quantities
of hard drugs has been reversed by a weekend decision to find the
skipper of a yacht guilty of serious drugs crimes.

Gardai and the Customs National Drugs Team believe that the conviction
of the skipper for importing over 300 packets of cocaine with a street
value of IEP40 million into Ireland will have a deterrent effect on
international drug smugglers.

"It is a significant conviction for a serious offence and it will act
as a deterrent against others," Supt Bertie Kelleher of Bandon Garda
Station said.

Supt Kelleher said the drugs were to have been taken from the
catamaran at Kinsale and driven away in a lorry. Most of the cargo was
destined for the United Kingdom with a portion of it possibly being
used on the Irish market.

Higher Officer of the Customs National Drugs Team (CNDT), Patrick
O'Sullivan, said, "it shows that the controls are in place."

The comments were made after a jury decided, on the second day of
their deliberations at Cork Circuit Criminal Court, that John O'Toole
(52), a Dubliner with an address at Vive Argentina apartments, Panama
City, South America, and County Brook, Enniskerry, County Wicklow, was
guilty of importing cocaine and having the illegal drug for sale or
supply at Kinsale, County Cork, on a catamaran last September.

A second man, Michael Tune, a 39-year-old Englishman with an address
at San Eugenio, Los Americas, Tenerife, pleaded guilty to two similar
charges mid-way through the three-week trial.

However, Judge Patrick J. Moran made an order preventing publication
of this fact until the trial was over on the basis it might influence
the deliberations of the jury in the O'Toole case.

The nine men and three women were only told that Tune was no longer in
the trial and that they should not speculate on the reason for this.

The question of sentencing was adjourned in the cases of Tune and
O'Toole until June 1 at Cork Circuit Criminal Court.

Patrick O'Sullivan of CNDT said that after many successful detections
of cannabis there were three recent cocaine seizures.

In July 1996, IEP8 million worth of cocaine was found on the Front
Guider at Moneypoint, County Clare. A few months later IEP88 million
worth was found on board the Seamist at Cork Harbour. And last
September, IEP40 million worth of cocaine was found on the Gemeos
catamaran, the subject matter of the latest trial.

Detective Sergeant Sean Healy said that while the latest seizure was
significant and the convictions would deter others, he added that "one
never knows how much is getting in undetected."

Detecting the IEP40 million worth of cocaine in the catamaran last
September proved difficult and the customs sniffer dog failed to
detect it. A four day rummage uncovered the 300 carefully concealed
packets of cocaine, each approximately the size of a video cassette.

Hanging over the trial was the figure Mr X, a Panmanian mafia type
figure who was never identified.

O'Toole claimed that he was told by Mr X in Panama that he would be
killed if he did not bring the drugs to County Cork where he was to
contact someone at a mobile phone number.

Defence senior counsel, Blaise O'Carroll, said of Mr X that "he
appears in the role of this generous benefactor. He is as sweet as pie
and gives the impression that he is concerned about Gabrielle (the
accused's wife, who died recently of cancer).

"He has his own hidden agenda. He is like a cat playing with a mouse
in a playful and gentle way.

"But when the time comes he has no difficulty reaching out his claw in
a striking gesture to grab his prey. Mr O'Toole found himself like an
addict owing money to this person, to be told if you do not do it I
will steal your boat, I will kill you, I will kill your wife and I
will kill your children."

Prosecution senior counsel, John Edwards said the law protected
against every accused man admitting that he committed a crime but
claiming he was forced to do so.

He said that what weighed against the defence of duress was the
question of whether the accused voluntarily joined a criminal
organisation or gang, "where a person puts himself in a situation
where he is likely to be subjected to duress."

O'Toole and Tune now find themselves facing the possibility of lengthy
periods in prison when they are sentenced by Judge Patrick J. Moran
next week.