A Judge has instructed Gardai to inform the Department of Social Protection about the case of two Ukrainian refugees who have appeared in charged with operating an illegal cigarette business.
The pair, Roman Nosenko and Mikhailo Skriaha, were selling the cheap cigarettes from the back of a Ukrainian registered vehicle at Pearse Road, Letterkenny in Co Donegal on August 22nd last.
The men were caught with more than 8,000 fake counterfeit smokes and €5,395 in cash when swooped on by Gardai.
The men appeared before Judge Alan Mitchell at Letterkenny District Court.
Investigating Gardai witnessed the men carrying out a transaction after being tipped off about the illegal sales.
At 1.40pm outside a local shopping centre Gardai carried out surveillance and witnessed the men selling cigarettes to a passer-by before getting into their vehicle and leaving the scene.
Gardai followed the men and pulled in the car and found both the cigarette and cash haul inside.
Officers seized 2000 of Rothmans of London, 1600 of Marlboro Red, 200 of Winston Blue, 200 of a variety of Rothmans, 200 of Lambert & Butler Original silver, 1600 of Marlboro Touch, 200 of L&M red label, 200 of Winston x Style dual, 200 of Marlboro Touch XL, 400 of Aqua Blue, 400 of Parliament Aqua Super Slim and 1300 of Richmond King Size.
The cigarettes had no valid tax stamps affixed. The offence is contrary to Section 78 (3) of the Finance Act 2005 as amended by Section 56 of Finance Act, 2013.
Gardai took possession of the cigarettes and the cash. Sergeant Jim Collins said both men were co-operative in interview and accepted their respective involvements in the enterprise.
Nosenko, a 42-year-old with an address at Atlantic Way Apartments, Bundoran and 39-year-old Skriaha, of Atlantic Point Apartments, Bundoran, pleaded guilty.
Frank Dorrian, representing both defendants, said they were in Ireland for around a year having sought refuge from the ongoing war in Ukraine.
Nosenko, a father-of-one, worked as a food processing manager in the war-torn city of Mariupol, which is under Russian occupation. Skriaha, Mr Dorrian said, is a father-of-two who hails from ‘not quite as sensitive’ an area off Ukraine. Skriaha had worked in a bakery before moving to Ireland.
Mr Dorrian said the endeavour was ‘clumsy’ in that they attempted it outside a shopping centre ‘which would draw the eye of the passer-by, the retailer or the gardai’.
“They are both without a criminal record and they are very generously accommodated by the State,” Mr Dorrian said, adding that both the products and the cash were now ‘gone’ from his clients.
Judge Éiteáin Cunningham said she considered the matter ‘significant’.
“We are talking significant cigarette and cash amounts,” Judge Cunningham said. “The choice of location was clumsy, but it wasn’t clumsy in any regard. It is a serious matter,” she said.
Judge Cunningham directed that a probation and welfare report be prepared in the case of each man and adjourned the case until today, December 18th.
However, visiting Judge Alan Mitchell said he could deal with the case but was inclined to deal with it by way of a suspended jail sentence for both men.
Solicitor Frank Dorrian said he would prefer if the original judge in the case, Judge Cunningham finalise the case.
Judge Mitchell said he was “even less impressed” with the fact that both men had arrived as refugees from the Ukraine and were being catered for by the state.
“I’m even less impressed…considering the very generous welcome we gave them both,” he said.
He confirmed both were receiving social welfare payments and instructed Gardai to inform the Department of Social Protection of the case.