CANNABIS WAS BEING USED FOR SELF MEDICATION, COURT HEARS

A CHEF with bipolar disorder, and with €34,000 worth of cannabis plants growing in his Kenmare town-centre home, was using the cannabis as a form of self-medication, a court has heard.

Gardaí had accepted that Aidan Kerins’ operation was for his personal use, the Circuit Criminal Court in Tralee was told on Friday during a sentencing hearing for the 46-year-old.

Mr Kerins, of Bridge Street, Kenmare, was handed a suspended sentence.

As well as smoking cannabis, the defendant made biscuits and oil out of cannabis for his own personal use, the court was told.

Mr Kerins had pleaded guilty to cultivating cannabis without a licence and to a second count of simple possession of cannabis at his rental home in Bridge Street on December 2, 2014.

He was not charged by the DPP with growing for sale or supply, Judge Thomas E O’Donnell noted.

Recalling the facts of the case, given at an earlier sentencing hearing, Judge O’Donnell said Sergeant Declan Liddane of the Kerry Drugs Division had given evidence that gardaí in receipt of confidential information had become aware of a possible cultivation operation and, under warrant, searched Mr Kerins’ house where he was a tenant .

They got a strong smell of cannabis when they entered and found 20 mature and 23 non-mature plants, as well as fans, filter, lighting, food, as well as weighing scales and ‘such paraphernalia’.

The value of the mature plants was €16,000, while the value of the immature plants was €18,000, the court heard.

Mr Kerins made admissions that he was growing the cannabis for his own use and was fully co-operative.

He said he was bipolar and ‘using the cannabis as a form of self-medication’, Judge O’Donnell noted, adding gardaí were satisfied this was the case, and so the charge was for cultivation and not sale or supply.

Mr Kerins was the father of a daughter who lived in Holland with her mother and he made regular maintenance payments.

He also had a horticultural background and had one conviction for a road traffic matter in 2000.

A psychiatric report confirmed Mr Kerins was bipolar; and the probation service found he was at low risk of re-offending, the judge said.

“Not only did the accused smoke but he made cannabis biscuits and oil for personal consumption,” Judge O’Donnell also said.

The aggravating factors were “the sophistication” of the operation and the mar- ket value was of concern, the judge said.

However, Mr Kerins had made early admissions and there were the psychiatric and probation service reports.

‘Excellent reference’ from his employer with regard to his work as a chef had also been handed into court.

Judge O’Donnell said it was a serious matter and he sentenced Mr Kerins to 18 months for cultivation, suspended for a period of 18 months, while the charge of simple possession was to be taken into consideration.

Tom Rice, prosecuting barrister for the DPP, applied for a destruction order of the cannabis and this was granted.