Drugs case dismissed as judge queries evidence

GARDAÍ failed to prove that a bag of drugs they found on the ground in The Fairfield in Killorglin belonged to a local man before the court last week, Judge David Waters ruled.

James O’Connor of 43 An Bainseach, Killorglin, was charged with the unlawful possession of drugs at the Fairfield in Killorglin on March 18, 2017.

Five gardaí gave evidence in the case before Cahersiveen District Court last week.

The court heard from Garda Eamon Prendiville that he drove the patrol car into the Fairfield in Killorglin.

He said he observed two males “acting suspiciously” in the corner.

As he stopped the patrol car, he said he saw one of the men, whom he knew, walk away and drop something on the ground. Garda Prendiville got out and searched the area and found a bag with white power.

He spoke to the man whom he knew as James O’Connor, and he denied any knowledge of the powder.

He also refused to sign the caution memo taken on the night. Similar evidence was also given by Garda O’Neill and Garda Siobhan Dennehy, who were also in the patrol car on that night and who witnessed the bag being dropped and Garda Prendiville picking it up.

Garda Stephen Hourigan and Garda Brendan O’Riordan gave evidence of receiving the bag and sending it for analysis, which confirmed it was cocaine.

Solicitor Brendan Ahern said that, despite the evidence of three gardaí at the scene, there was no direct evidence that the bag Garda Prendiville picked up belonged to his client.

Judge David Waters said that there was “considerable doubt” that the bag on the ground was Mr O’Connor’s.

“No one said that they kept an eye on the bag that was dropped. There is a strong suspicion that it was, but it has to be beyond reasonable doubt,” he concluded, dismissing the case.