A pub owner and restaurateur, accused of “organising” the smuggling of more than five million illicit cigarettes into south Armagh, has been spared prison thanks to a “moving plea for mercy” from his estranged wife.
Brian Ruddy, 41, of Castle Hill in Carlingford, was one of five men sentenced at Newry Crown Court on Friday for their parts in an operation which, HMRC calculated, resulted in a VAT evasion totalling more than £2.3million.
A total of five men were charged following a joint operation between HMRC and PSNI in June 2020.
The prosecution’s case was originally based on two journeys during which cigarettes were transported from Europe into the UK.
The second of these journeys – on May 30, 2020 – was intercepted by authorities at haulage premises in south Armagh.
The premises contained some outbuildings, a static caravan and several vehicles, including a Volvo tractor unit with a trailer attached – both belonging to co-accused Patrick O’Donnell, 59, of Clontigora Hill.
The trailer contained pallets, most of which contained Regina branded cigarettes. There was also a forklift located in a shed on the site, carrying a pallet containing the same brand of cigarettes, packaged the same way, having been transported from a warehouse in the Netherlands to Northern Ireland by a different Volvo lorry, also owned by O’Donnell.
This lorry was driven by the third co-accused, 45-year-old Tomasz Marasek, with an address in Chorley, England. He was not present during the May 30 raid.
Marasek, who was employed by O’Donnell’s company as a driver, had transported the load all the way from the Netherlands to Heysham, England where it was deposited onto the ferry to Warrenpoint harbour. The trailer was then collected by someone else, where it was then taken to the yard in south Armagh.
A short time after entering the yard the authorities entered and locked down the premises, seizing the cigarettes.
Three of the co-accused were in the yard at the time; O’Donnell, Daniel Ruddy, 39, of Oyster Bay Court, Carlingford, and 38-year-old Gavin McCloskey of Lower Rath, Dundalk. Two of the men tried to make off but were detained.
Tobacco and large sums of cash were found during concurrent searches of Brian Ruddy’s home. He and Marasek were arrested and interviewed on later dates.
His Honour Judge John Ramsay KC said there was a range of other evidence, including CCTV from the Netherlands, telephone evidence, ferry booking data, and information from a customs office in the Netherlands.
As well as that, there was evidence of Daniel Ruddy and McCluskey getting flights from Dublin to the Netherlands and staying in a hotel. It was the prosecution’s case that they went to repackage the cigarettes before they made the journey to the UK.
There were also interviews in the Netherlands with “another person of interest” and they “talk of doing tobacco business with Brian Ruddy and his colleagues”.
In sentencing all five defendants, Judge Ramsey KC said the fact there were no were no proceeds of crime and no confiscation sought “that, in my mind, is a very significant factor in this particular case, because it underlines the plea made by all of the defendants that they got very little out of this very significant operation”.
Marasek, McCloskey, O’Donnell and Daniiel Ruddy were all handed a two year prison sentence suspended for three years for their parts in the operation.
Turning to Brian Ruddy, whose involvement – as organiser – “caused me the greatest concerns”.
“There was a suggestion of duress or coercion made by Mr Ruddy, which is not accepted by the prosecution, and indeed [his defence barrister] did not rely upon it, but he did point out that there must have been other people involved in this matter.”
However, the judge referred to submissions by the defence that any custodial sentence would have a profound impact on his six-year-old son with very special needs.
“He’s very close to the child and he’s very closely involved in his care,” said the judge.
The judge referred to a “powerful” letter from his wife, who is the mother to his son.
“She makes it clear that their relationship ended in June 2020, but they are co-parents. As a single parent, she relies very heavily on him, helping ease the burden of dealing with her son – he’s always on standby.
“She herself makes it clear that she has mental health issues, and some days she struggles to deal with the child, and her husband will step in and will deal with the son.
“She says he’s our crutch and we both lean on him. I need him to be here for his son when I’m struggling. She says she knows her son will suffer if a custodial sentence is imposed, and she couldn’t bear to think of where her mental health will be either.
“But she makes a very effective and moving plea for mercy towards him in respect of the important role he plays in his son’s life. And that is underlined by the clinical psychologist’s report about the impact that such a prison sentence would have on his relationship with the child.”
Judge Ramsey also referenced a letter from an accountant relating to his employment of 10 people at a restaurant and public house he owns in Carlingford.
“Ten people rely on this employment, and if he is sent to prison, then it’s the accountant’s view that that will put their employment in peril.”
In handing down his sentence, Judge Ramsey said that while Brian Ruddy was seen as the “organiser”, he had to “balance that against the powerful mitigation which has been entered in his case”.
Ruddy was sentenced to three years in prison, suspended for three years. All five men walk free from court.
