Cannabis possession

A 29-year-old mother of five has been convicted of possession of cannabis herb for sale or supply.

Samantha Campbell, 5 Park One, Muirhevnamór, Dundalk, had pleaded not guilty to the offence.

She did admit possession of 10g of the drug, valued at €200, which gardaí found during a raid on her home in 2016.

The defendant said it was for her own use, and that she had it divided into 13 bags in order to ‘spread it out.’

Evidence was given that after an anonymous call to the garda confidential line, a warrant was obtained to search 5 Park One.

There was no one in when the guards arrived on 12 April, 2016, and they forcibly entered the premises.

Garda Pádraig O’Reilly said that in a drawer in Ms. Campbell’s bedroom, he found 13 bags of cannabis herb in a sock, a weighing scales, £200 sterling and €180, all in notes; as well as a brown paper bag containing one hundred zip-lock bags.

The defendant arrived back during the search, and told officers she lived there with her five children, aged 9, 5, 3, 2 and 10 months.

She said the scales were to weigh the cannabis for her own use, and that the cash was not from selling drugs.

She added she had no intention of saying where she got the drugs.

Cross-examined by solicitor Peter Lavery, Gda O’Reilly said the information he received was that drugs were being stored at the house. It didn’t specify any particular person.

Mr. Lavery applied for a direction on the grounds that there was a belief on the information sworn in the warrant that a third party was dealing drugs, and not his client.

Judge Mitchell said the warrant was for gardaí to attend at an address.

Samantha Campbell, who is due to give birth in four weeks, testified that she had the cannabis for her own use.

‘I went down the wrong road, smoking weed. I have to spread it out,’ she added by way of accounting for the 13 bags.

‘If it (the drugs) was altogether, I would have got carried away. That was to do me for a month.’

She also told Inspector Martin Beggy she got the scales to weigh it out, ‘so I would know what I was going through.’

The defendant continued she didn’t remember what each bag weighed.

The cash was for a christening she had coming up.

‘I probably bought the sterling in one of the bureaux de changes,’ she said.

Mr. Lavery submitted that €200-worth of drugs was not a huge amount, and as a user, someone might have that amount.

There was no evidence of telephone records or lists. His client is not a drug dealer.

At the time she was in relationship difficulties, and suffering from anxiety.

Judge Mitchell asked was something fundamental missing in the State’s case, namely the regulations being handed into court?

Inspector Beggy said not since 2015, is it required to produce the Mis-Use of Drugs Act.

The judge said he was finding against Samantha Campbell, and he heard she has no previous convictions under the Mis-Use of Drugs Act.

Judge Mitchell took the possession charge into account, and for the supply offence, he imposed a €200 fine.

A forfeiture order was made for the drugs and cash.

Bail in the event of an appeal was set at €1,000.