Donegal human trafficking duo to be sentenced separately; accused hits out at delay

Two men at the centre of a major human trafficking probe in Donegal will have their cases dealt with separately in the Circuit Court.

Georgijs Poniza (37) and Armen Pogosyan (30), each with an address at Assaroe Falls, Ballyshannon, appeared by video link from Castlerea Prison at Letterkenny Circuit Court.

The Eastern European duo, who face a total of 34 charges (17 each), have been in custody since their arrest in October 2023.

They were due to stand trial before a six-week special sitting of the cout in October, but they entered guilty pleas when arraigned. 

This week, Letterkenny Circuir Court heard that there is a probation report available for Pogosyan, but not for Poniza, who was allocated one appointment, but that was not completed. Other possible slots for Poniza to engage were not available from the Prison Service.

Judge John Aylmer said he was conscious that the pair are in custody and the court is trying to expedite the matter.

Ms Fiona Crawford BL, barrister for the State, said the case could be adjourned to the May session of Letterkenny Circuit, but Mr Morgan Coleman, solicitor for Pogosyan, said his client is “quite anxious” to have the matter dealt with.

Pogosyan raised his hand to address the Court and told Judge Aylmer: “I wish to say that I am in prison from 2023, from October 2023. I have did more than a two-year sentence and I am still waiting to get sentenced. 

“It is very difficult mentally. It is very pressure. I have no-one in Ireland. I am far from my family and it is giving me big pressure on my mental health and I am trying to do my best in this prison.

“I have been in prison for nearly 28 months - just waiting. I have nightmare and I cannot stay without my future.”

Judge Aylmer said he was “completely sympathetic” with Pogosyan’s position and that he was very anxious to get a date for the case as soon as possible.

Pogosyan said his co-accused, Poniza, “don’t go to probation” whereas he said of his own situation: “I cooperate with everything in this prison. I take the opportunity to show everything. You have all the reports on behalf of me; all the certificates what I am doing.”

Judge Aylmer asked if there was any reason that the duo couldn’t be dealt with separately even if it meant extra work for the court.

Judge Aylmer said: “I think that a man who has been in prison awaiting sentence since October 23, 2023…that is an awfully long time to be awaiting his outcome. The convenience of the court has to be put aside. It is a question of identifying one day.”

Judge Aylmer told Pogosyan that he would deal with his matter at Cavan Circuit Court on February 23.

“Very appreciated Judge, thank you,” Pogosyan said.

Ms Delia Flynn SC, barrister for Poniza, said her client has been imprisoned for in excess of two years awaiting finalisation.

A slot was made available by a probation officer on January 16, but Poniza did not take up the offer. Three further dates were not available from the Prison Service, Ms Flynn said.

“He is really upset and anxious to get matters finalised,” Ms Flynn said. 

Judge Aylmer said that a probation report was directed at the request of the defence and it was now up to the accused whether he wanted to proceed with or without such a report.

“I am here 28 months on remand,” Poniza said. When asked if he wanted to wait until May, Poniza replied: “I want to come back to my country.”

Poniza opted to wait until May when a date will be fixed for his case.

The men face 17 similar charges, including seven charges each of people trafficking on various dates - offences contrary to section 4(1)(a)(b) and (c) and 4(7) of the Criminal Law (Human Trafficking) Act, 2008.

They are also facing charges relating to money laundering and forgery.

They have also been charged with participating in the activity of a criminal organisaton and they are facing charges relating to money laundering and forgery.

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 victims in the case cannot be identified with section 11 of the Criminal Law (Human Trafficking) Act 2008 having been cited by counsel.

The case centres around the trafficking of people who were brought into the country to work at a business in south Donegal.

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.