Dealing case is dismissed

A man accused of dealing drugs had the case against him dismissed because gardaí did not prove a transaction took place.

Curtis Devlin (22), 28 Hazelwood, Fassaroe, appeared in Bray District Court last Thursday. He admitted possession of drugs at Fassaroe on September 20, 2015, but denied having them for sale or supply.

Garda David Shore said that he was on patrol with Garda Kelly at around 12.30 a.m. He entered the estate, turned the corner and saw two males standing at the wall, away from a group of people. He said that it appeared that a transaction was taking place between the two males, one of whom was Curtis Devlin. There was a cigarette wrapper in front of Curtis Devlin, containing white powder. Devlin accepted it was his and said it was for his own use. He was cooperative at the scene. He said that the substance was ‘white lightning’.

A forensic report showed that the substance contained cocaine and the value was €256.The powder was divided into four bags.

Devlin denied in interview that a transaction had taken place and said that the drugs were for his own use.

‘It’s fair to say he showed a consistency from the time you spoke to him, to when he was interviewed,’ said solicitor Brendan Maloney.

He said that the other person involved was allowed to walk off without being questioned.

Mr Maloney said that Garda Shore was an experience officer in the drugs unit.

‘You didn’t need a certificate to figure out if it was for personal use. You didn’t put it to him at that stage because you didn’t believe it was for sale or supply,’ he said.

Mr Maloney said that the quantity of €256 was not sufficient for an open and shut case.

‘ There isn’t any real strong credible evidence of sale or supply,’ said Mr Maloney.

Judge David Kennedy said that with no cash having been found on the defendant, he would dismiss the sale or supply aspect of the case. While he intended to adjourn for a community service report, a probation officer told the judge that Devlin has not completed the hours of an existing community service order.

He adjourned the matter to tomorrow (Thursday, October 27) for further applications.