A judge has ordered a Slovakian man to leave the country at the end of his prison term for drug smuggling despite being told he doesn’t have such power over an EU citizen.
“If anyone tries to tell me that, though we are a member of a greater European Union, that this court does not have jurisdiction over its own territory, then I don’t know why I am in this job anymore”, Judge Patrick McCartan commented at Dublin Circuit Criminal Court.
Peter Mikulik (25) was sentenced to five years in prison with two suspended for smuggling nearly €50,000 of cocaine from Brazil into Ireland. He was directed to return to Slovakia immediately on his release from prison and not return to Ireland for five years.
The judge said “the message must go out” that drug mules will face punishment in Ireland.
Counsel for the prosecution told the judge that she didn’t think the court could direct an EU national to leave the country. It was suggested that the judge request Mikulik to leave once he served his sentence and that it be made a condition of the suspended portion that he not return.
Judge McCartan rejected this approach and insisted he was “directing” Mikulik to leave. “If the DPP is unhappy she can address it. I’m not in any way perturbed.”
Mikulik of Povazska Bystrica, Slovakia pleaded guilty to importation of cocaine at Dublin Airport on May 15, 2014.
Garda Paul Butler told Una Tighe BL, prosecuting, that Mikulik was in money trouble and was offered work by a man named “Tony” over the internet. They communicated using an “untraceable website” and Mikulik was told to come to Ireland before being sent to Brazil.
In Sao Paulo he swallowed 72 pellets of cocaine with a total weight of 711 grams and a street value of €49,770. He returned to Ireland via Rome and was stopped by Irish customs.
Mikulik admitted he had cocaine hidden internally and was brought to hospital with stomach pains. Gda Butler said he watched over the Slovakian as he passed 72 pellets over the course of a day.
During interview he said he took on the job because he needed money to pay debts. He said he was promised thousands of euros by “Tony”, but was only paid €1,000 in Brazil. Gda Butler said gardaí are still trying to catch Tony and that they believe he is a Nigerian national.
Defence counsel Luigi Rea BL said his client co-operated fully with gardaí and entered a plea at the earliest opportunity. He said Mikulik lived with his mother in Slovakia and has no drug addiction or alcohol problem.
