An image of the cocaine which was seized and below, the Cessna light aircraft which gardaí believe was used to fly in the drugs
The State has been warned it will have to “start explaining” why charges against two men accused of being found with almost €8.5m of cocaine after it was flown into a Co Longford airstrip earlier this month is not in a position to proceed.
Tim Gilchrist Jnr, 54, of Mavis Bank, Newrath, Waterford and Michal Luczak, 41, with an address at Primrose Avenue, Jigginstown Naas, Co. Kildare are both charged with possessing cocaine for sale or supply on August 4, 2022.
Polish national, Mr Luczak, who gardaí believe flew a Cessna single-engine aircraft into Abbeyshrule Aerodrome, Co. Longford, is also charged with the unlawful possession of cocaine under Section 3 of the Misuse of Drugs Act.
His co-accused, Mr Gilchrist Jnr, is likewise charged with the same alleged offence at Lough Owel, Irishtown, Co. Westmeath.
They were arrested and later charged after gardaí intercepted two vehicles in the Lough Owel area in Co. Westmeath, recovering 120 kilogrammes of cocaine from one car.
The court was previously told how the alleged seven figure haul was a “massive loss” to an organised crime group.
Both men have remained in custody since the incident and appeared before Judge Alan Mitchell at a sitting of Mullingar District Court today where it was revealed Mr Luczak would be pleading not guilty to the alleged charges.
Defence barrister Niall Flynn said his client was keen to accelerate the case and was intent on tendering a High Court bail application next week.
Mr Flynn said there was a certain sense of inevitability that the case would not be heard at District Court level and asked the court to consider refusing jurisdiction to allow for the service of a book of evidence.
“Mr Luczak is maintaining his innocence and is anxious for it to be expedited to come before the circuit court in the November (circuit court) sessions where he will be much more likely to get a trial if he is in custody,” he said.
Mr Flynn said he was making that submission in order to ensure there was no chance of his client “missing the window” of a trial later this year.
Judge Mitchell said one way of preventing that was if Mr Luczak went forward to the circuit court on a signed plea, an option Mr Flynn quickly dismissed as he repeated his client’s insistence on maintaining his innocence.
“Mr Luczak is in custody and it's inevitable this matter is heading in another direction unless the certificate of analysis suggests the materials found were not drugs,” he said.
In seeking an update as to the status of the investigation and the classification of drugs found, Judge Mitchell asked Detective Garda Ivor Scully: “It’s not flour I presume?”
The plain clothed garda attached to the Garda National Drugs & Organised Crime Bureau (GNDOCB) replied swiftly: “No, it’s not flour.”
Defence solicitor Maurice Regan for Mr Gilchrist Jnr said his client would be consenting to no more than a two week adjournment, prompting Judge Mitchell to advise the prosecution of its obligations in advancing the case.
“ I would expect progress and certainly the defendant that is in custody is entitled to know there is going to be some progress,” he said.
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In remanding both men in custody until a sitting of Mullingar District Court on September 8 for DPP directions, Judge Mitchell added: “ At that stage the State will have to start explaining why they are not in a position to give directions.”
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