Jailedafter cocainefound

A 31-year-old man has been sentenced to three months imprisonment after pleading guilty to unlawful possession of cocaine.

Aaron O’Connor, 48 Clonshaugh Avenue, Coolock, also admitted a reduced charge of careless driving which arose from the same incident when he was followed by gardaí from an address in Muirhevnamór.

Inspector Archbold gave evidence that on 18 January, 2019, gardaí on patrol spotted a car parked at a location in Muirhevnamór. This vehicle then left. Aaron O’Connor was driving.

Gardaí followed as it turned right on to the Inner Relief Road where this vehicle accelerated. As it overtook traffic at hatch markings, other vehicles had to slow down.

This car stopped at the Xerox junction, and the defendant was arrested. When searched later at Dundalk garda station O’Connor had €140-worth of cocaine on him.

The State consented to a dangerous driving charge being reduced to careless driving.

The court heard the defendant has three previous convictions for possession of drugs. Two of the offences occurred in 2014 but were only finalised recently at Dún Laoghaire Court. The other was dealt with by the courts in 2014 for an offence committed on 9 August, 2013.

He also has two previous drink driving convictions and ‘minor traffic matters’.

Barrister Stephen Faulkner said his client was suffering from a cocaine addiction at the time of the offences in question.

He is making significant efforts to address his issues, and works three days-a-week at a tyre-fitting service in Crumlin.

Counsel added he was not in possession of a probation report which had been before the court in Dún Laoghaire.

Judge McKiernan remarked O’Connor has a difficulty because of his previous convictions.

She let the matter stand for a time ‘ to see if he is dealing with his issues’, adding the probation office in Dublin would know that.

When the case was recalled a local probation officer said O’Connor had tested positive for cocaine in two out of three tests, and didn’t give full details of his employer to the probation service.

Mr Faulkner said this was contrary to his instructions, and sought one more opportunity on behalf of the accused so O’Connor could engage with the service and give clear urines.

He said the employer is aware of the court proceedings.

However, the judge imposed a three-month sentence for possession of cocaine. She also convicted the defendant of careless driving and used her discretion not to disqualify him from driving.

Legal aid was granted, while bail in the event of an appeal was set at personal bond of €300 with an independent surety of €500, cash lodged.

‘ That will have to be paid. There is no insurance,’ the judge said.

Solicitor Barry Callan replied he didn’t know how realistic that was. His client is a casual farm-hand, earning £200stg per-week. He also receives housing assistance. Compensation is beyond him.

‘What’s his thought process? What does he think the court will do?’ the judge remarked.

She added she will have to consider ‘something else’.

Mr Callan continued that his client is originally from Latvia and is in Ireland 10 years. He has a partner and two children, aged 14 and five. There are no previous convictions.

On this occasion Grislis received a call from a friend who asked him for a lift to hospital after this person got injured at work.

He was to pick him up at Lidl, but went to the wrong Lidl store and was heading to the correct location when involved in a collision.

The defendant panicked and made a foolish decision to drive off. He then collided with a second car and made a second foolish decision to drive off again, the solicitor went on.

He asked the court for credit. ‘Credit for what?’ the judge said.

‘He took a hearing date. There were two vehicles involved in two hit and runs. If he doesn’t have compensation what am I supposed to do?

‘It’s a matter for himself and I will let him think about it. It’s a farce that he shouldn’t pay compensation.’

The judge commented there were people left to fix their own cars.

Mr Callan asked the court to consider an adjournment. He would liaise with the inspector to ascertain the level of damage.

Judge McKiernan adjourned the case to 6 May next for compensation.

Legal aid was granted.

He turned and parked opposite this vehicle. Gda Carroll said he got out and saw Eoin Lennon now sitting in the driver’s seat. He could hear the engine running.

The engine was then turned off and he noticed the defendant throw something in the centre of the car. He said he wasn’t driving.

Gda Carroll said he arrested the accused at 4.55pm on Main Street, Louth Village. He placed him in handcuffs in the rear of the patrol car for his and the prisoner’s own safety. The defendant was not aggressive.

On arrival at Dundalk garda station, Gda Carroll said he assisted with a prisoner who was already there, and while dealing with this person learned that the Evidenzer machine (for taking breath tests) was not operating.

A doctor was called and when Eoin Lennon was taken to the doctor’s room and a requirement made of him for blood or urine, he refused to provide a specimen.

Cross-examined by barrister Ronan O’Carroll, Gda Carroll said he knew the man because the accused’s father owns a pub in his sub-district.

It was busy in the village at the time. Other people were ‘ tooting and waving’ at them as this was going on.

The defendant was compliant and co-opertive.

Mr O’Carroll submitted there was no evidence that the reasons for his client’s arrest were explained to him.

Judge McKiernan agreed that evidence wasn’t given. He wasn’t informed in ordinary language why he was being arrested.

The charge was dismissed.