Two men charged with aiding an international crime gang in human trafficking in Donegal will face a lengthy trial later this year.
A raft of charges are hanging over Georgijs Poniza and Armen Pogosyan, including participation in organised crime.
They have been held in custody since being arrested for the alleged offences in October, 2023.
This week, Poniza appeared before Letterkenny Circuit Court, which heard that a planned bail application could not be made on his behalf.
Poniza, a 35-year-old father-of-four, and 28-year-old Pogosyan, both with an address at Assaroe Falls, Ballyshannon, are each charged in the matter.
While Poniza was remanded in custody with consent to bail when he initially appeared before a special sitting of Ballyshannon District Court in October, 2023, the subsequent addition of a section 72 charge, that of being a participant in organised crime, means that the Circuit Court doesn’t have the jurisdiction to hear a bail application.
As he stood in the dock alongside an interpreter, Poniza raised his hand in an attempt to address the court.
Barrister for Poniza, Ms Christina Burke BL told Judge Aylner that there was a “misunderstanding” as Poniza was under the impression that he would be granted bail when he appeared before the court.
“He seems to be confused, as that is not the case,” Ms Burke said. “This court cannot deal with the matter.”
Judge Aylmer said that he was satisfied that he did not have jurisdiction to hear a bail application in respect of this matter.
“This is disappointing for Mr Poniza,” Ms Burke said. “The matter must go back to the High Court.”
Poniza sighed loudly as Judge Aylmer remanded him to appear before a special sitting of Letterkenny Circuit Court in October.
Mr Patrick O’Sullivan BL, barrister for Pogosyan, said he was withdrawing an application for bail on behalf of his client.
Both defendants, who are in custody at Castlerea Prison, are due to stand trial before judge and jury at Letterkenny Circuit Court in October. It is anticipated that the trial will last for six weeks at Letterkenny courthouse.
The court heard that “significant disclosures” are to be made in the case, including a raft of financial documents and witness statements.
A book of evidence runs to 1,613 pages and there are a total of 36 witnesses.
The book of evidence is being translated into Russian and will then be handed over to the accused men’s respective legal teams. The completion of the translation is “imminent”.
Detectives, accompanied by international colleagues, swooped on the men after a large-scale investigation into the alleged trafficking of persons into Ireland for the purpose of labour exploitation.
Europol officers were in Donegal during an international Law Enforcement Operation, which involved a Joint Investigation Team that was established in conjunction with Law Enforcement in Latvia.
An Garda Síochána’s Human Trafficking Investigation and Coordination Unit (HTICU) at GNPSB, the Garda National Cyber Crime Bureau (GNCCB), Garda Mutual Assistance Section and the Garda Síochána Analysis Service (GSAS) are all involved in the probe.
Initially, each man was charged with four counts of human trafficking and one count of money laundering. Poniza was charged with being in possession of €51,100 which was the proceeds of criminal conduct and Pogosyan faced a similar charge in respect of €14,060.
The duo were charged with participating in the activity of a criminal organisation.
The charge, contrary to Section 72 of the Criminal Justice Act, 2006, is that they, for the purpose of enhancing the ability of the criminal organisation to commit a serious offence, human trafficking, for the purpose of labour exploitation within the State, did knowingly by an act, traffic persons other than a child, participate to an activity of that organisation.
They were also charged with two counts of trafficking a person for the purpose of exploiting those persons; with handling, possessing and using property that was the proceeds of criminal conduct, namely €202,621, the source of which was the wages of employees including the victims; a similar charge in respect of an amount of €135,781.82 that represented the wages of employees including the victims while knowing that the property was the proceeds of criminal conduct.
They were further slapped with a money laundering charge over €14,486.57 in a Bank of Ireland bank account and with money laundering in relation to the transfer of €8,320 to a Swedbank account in Latvia and the transfer of €2,410 to another Swedbank account in Latvia.
They also face eight charges relating to making a false instrument, an Electric Ireland utility bill, and using the bill, as well as opening diesel card and credit card accounts in the name of others with the intention of making a gain for themselves.