‘Search at house was illegal’ say defendants

GARDAI HAD ‘NO AUTHORITY’ TO SEARCH HOME SAY COUPLE

A judge will decide next month whether a search carried out at the North Louth home rented by a couple and in which, it is alleged, cannabis plants worth nearly €5,000 were found, was illegal.

The legality of the search, at a house at Rathban, Templetown on May 4 2015, was raised by solicitor Conor MacGuill as a preliminary point ahead of a full hearing of the case against Richard Grant, (38), whose address was given as Ruaig, Isle of Tiree and Leigh Johnston, formerly of Rathban, Templetown.

The pair are charged with knowingly permitting the manufacture, production or preparation of controlled drugs while being the occupier of lands at Rathban and have entered not guilty pleas.

Judge William Hamill was told that in the early hours of the morning, Gardai had been called to the area to deal with an incident. When they arrived at the house, they found there was no answer and the doors were locked. Gardai spoke to Johnston who was at a neighbour’s house and she told the judge in evidence that she told Gardai Grant was not at the house and there was no-one there.

But Gardai returned to the house to look for him and after ‘ banging on the door’ and shouting for some minutes, they decided to force entry to the property as they believed Grant was inside.

When Gardai got into the house, there was no sign of anyone and they searched all the rooms. One downstairs room was locked and Gardai said they believed it was somewhere Grant might have been so they forced entry to the room.

Inside, they allege, they discovered a tent and inside it, there were six cannabis plants. They allege they found propagation equipment for the plants and preserved the scene for a technical examination which was carried out later that day. Gardai allege the plants were worth €4,800.

Both Grant and Johnston were arrested on May 13 2015 and made no comment in interviews.

Mr MacGuill said that when Gardai initially went to the property it was ‘clear there was no-one there’. And when they spoke to Johnston, she told them Grant was not at the house, that there was no-one there, but Gardai returned and forced entry anyway. Mr MacGuill added that Grant was not at the house and no-one was found there on the night.

He said the Gardai had no lawful reason to enter the house, they had no permission from anyone to enter and they had no warrant to search the property. They had been told specifically that Grant was not at the house and had ‘no basis to assume’ that he was.

He said it ‘should have been obvious’ there was no-one there and if Gardai were suspicious about the locked room, they could have applied for a warrant and returned at a later date.

Judge Hamill asked for the defence and State to make written submissions on the points raised and said he would decide on the legality of the search on December 7.