Suspended sentence for men running illegal cigarette industry in Letterkenny

Two Ukrainians nationals have avoided prison after being caught operating an illegal cigarette enterprise in Letterkenny.

Roman Nosenko and Mikhailo Skriaha were each given a three-month suspended prison sentence.

Nosenko and Skriaha were selling the cheap cigarettes from the back of a Ukrainian registered vehicle at Pearse Road, Letterkenny  on August 22, 2023.

The men were caught with more than 8,000 counterfeit cigarettes and €5,395 in cash when swooped on by Gardai. Investigating Gardai witnessed the men carrying out a transaction after being tipped off about the illegal sales.

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.

Judge Éiteáin Cunningham said this was a ‘serious offence’ and merited a custodial sentence. Each man was given a three-month prison sentence with the entirety suspended for a period of 18 months.

A destruction order was issued in respect of the cigarettes.

The court was told that the cash had arisen from the sale of a vehicle in Ukraine, but documentation was not available. Nosenko previously said the vehicle was sold in an occupied area of Ukraine.

Judge Cunningham said she was satisfied that the money was the proceeds of crime and directed that it be handed to the local branch of St.Vincent de Paul

On the day in question, grdai 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.

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. Se

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.

Solicitor Mr Frank Dorrian, representing both defendants, said they were in Ireland 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’. He said the enterprise was ‘designed to fail’.

“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. A probation report ‘speaks well of each’, Mr Dorrian said.

Judge 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.”