Businessman charged over crystal meth haul refused bail over 'flight ...

Former garden centre CEO Nathan McDonnell (43) remained in custody today after Ms Justice Karen O’Connor said there were no conditions that would allay fears he was a flight risk.

His father Michael had offered to put up his own “life savings” of €100,000 to secure bail but the judge said this was “not a substantial amount” given the nature of the “sophisticated operation” allegedly behind the €32.8m drug seizure.

A bail application for co-accused James Leen is due to take place on Thursday.

They were both arrested following the seizure of more than 500kg worth of methylamphetamine in a container in the port of Cork last month.

It is alleged the drugs were hidden in a recycling machine that had been imported from Mexico and stored at Mr McDonnell’s garden centre before being transported to Cork, destined for export to Australia.

Mr McDonnell, from Ballyroe, Tralee, and Mr Leen from Pilgrim Hill, Kilmorna, Listowel, Co Kerry are both charged with possession of more than €13,000 worth of the drug for sale or supply.

The offence is alleged to have happened at Ballyseedy Garden Centre, Tralee, between October 27, 2023 and February 12 this year.

Mr Leen is also charged with importation of the drug, valued at more than €13,000, at Cork Port, Ringaskiddy, last October 16.

Both men were denied bail at Tralee District Court when they were first charged and brought there last month, and subsequently went to the High Court.

Mr McDonnell’s contested High Court bail hearing took place at Cloverhill courthouse last week and came back before Judge O’Connell today for a ruling.

Judge O’Connor said Mr McDonnell was presumed innocent and she accepted that he had strong ties to the jurisdiction and community.

However, she said it was an “extremely serious charge” with more anticipated and it could be argued he was allegedly “caught red handed.”

The judge said the amount of drugs was significant and the proposed supporting evidence was strong.

It was alleged Mr McDonnell had associated with people involved in organised crime, she said.

On his father’s willingness to offer €100,000 for bail, she said: “I do not for a moment doubt the integrity of Michael McDonnell and his belief in his son.”

However, the judge said “in the overall scheme of things” this was not a substantial amount given the nature of the operation behind the alleged offence, which ”must have had available to it significant funds.”

It was an alleged “sophisticated plan” with a transnational element and Nathan McDonnell’s involvement was alleged to have been at an “active level.”

The maximum penalty for the charge was life imprisonment and Mr McDonnell “would appear to be facing a substantial sentence” if convicted, she said.

She was not satisfied there were any conditions that would allay her concerns that Mr McDonnell was a flight risk.

During last week’s bail hearing, Detective Sergeant Ernie Henderson said customs officers examined a container in Cork port on February 15 and found a “purported” electromagnetic separating machine.

In a “sophisticated concealment area” of the machine, some 543kg of crystal meth was found, he said.

The following day, gardaí carried out searches in Cork and Kerry and arrested Mr McDonnell at his then workplace at Ballyseedy Garden Centre.

The prosecution would allege he received, stored and despatched the machine from his business, and was to get €150,000 for his part in the operation.

Footage from February 12 allegedly captured Mr McDonnell operating a forklift, loading the recycling machine into the container.

Phone evidence would allegedly show that he obtained details from an innocent party in Australia to get a legitimate shipping address.

Det Sgt Henderson said the recycling machine did not actually function and was a cover, disguised to conceal the drugs.

It had arrived in Cork from Mexico last October and Mr McDonnell allegedly created false invoices for the machine to be imported and paid the fees to have it released.

The evidence pointed to “a transnational criminal organisation” being behind the operation, Det Sgt Henderson said.

He argued that Mr McDonnell was a flight risk.

He had been director of 11 companies with a combined turnover of between €4.5m and €5m. He had since relinquished control and the companies were being liquidated.

This reduced his ties to the jurisdiction and it was feared he would not turn up for trial if bailed, Det Sgt Henderson said.

Applying for bail, defence barrister Keith Branagan said Mr McDonnell had denied any knowledge that there were drugs in the machine.

A lot of Mr McDonnell’s companies had been struggling and the garden centre and restaurant businesses had been now passed on to new operators and he had no profit from them. His family all lived in the jurisdiction.

Mr Branagan said Mr McDonnell was presumed innocent and would be in custody for some time awaiting trial if refused bail.

His father Michael McDonnell offered his life savings of €100,000 for bail.

“I’m quite prepared to put it on the line for my son,” he said. “I have the utmost faith that my son will not leave the jurisdiction.”

Mr McDonnell and Mr Leen are due to appear in Tralee District Court again tomorrow, for DPP directions.