Gardai found €1,236 worth of drugs in house search

A MAN from Gorey was fined in court last week after being convicted of a drugs-related offence.

Sebastian Wesolowski, 89 Meadow Gate, Westhill Park, Gorey, appeared before Judge John Cheatle at last Wednesday’s court sitting.

He faced a charge of unlawful possession of drugs and unlawful possession of drugs for sale or supply at his home address on August 30, 2019.

The defendant’s solicitor informed the judge that a guilty plea was being entered in relation to the possession charge but the charge of possession for sale or supply was contested.

Garda Gavin Tracy, from the Wexford Drugs Unit, gave evidence that on the date mentioned a search was carried out at the defendant’s home and that during the course of the search his colleague, Detective Sergeant Noel McSweeney, discovered a package, suspected to contain cannabis herb.

Gda Tracy said that on August 24, 2020, he arrested the defendant at Gorey Garda Station, by appointment, under the misuse of drugs act.

The judge was told that when it was put to him that the drugs were for sale or supply the defendant said they were for his own use.

The judge heard the defendant told the gardaí that if he bought the drugs in small amounts it cost him more and that it was about savings.

Gda Tracy said there was an estimated €1,500 worth of cannabis found and when it was put to the defendant that was a lot of cannabis for one person to smoke he said he understood.

When the defendant was asked if he shared the drugs with his friends he told the gardai that he didn’t have many friends here and that once it was found in his possession he had to say it was his.

The defendant also said it was easy to find drugs in big cities and his solicitor said the accused got the drugs from a Romanian man and brought it back to Wexford on a bus.

Detective Garda Noel McSweeney also gave evidence and said he was on duty with Gda Tracy.

When the gardaí entered the defendant’s house he went to a bedroom and escorted the accused from there to another area of the house.

Det Gda McSweeney then re-entered the bedroom and found the cannabis on the window sill. He said the defendant admitted owning the drugs but denied selling it.

Det Gda McSweeney said 61.8g of cannabis was seized with a street value of €1,236.

The defendant’s solicitor then said: ‘There is no evidence before the court of my client intending to sell or supply.’ However, Inspector Pat Cody commented: ‘If you were going to put 61.8g of cannabis into your body it would be impossible for immediate use.’

‘It’s for immediate personal use,’ said Insp Cody.

‘That is the big distinction between Section 3 and Section 15,’ he added.

In response the solicitor said: ‘I am aware of the sections but that does not mean the gardai do not have to prove the case.’

The judge then said the gardaí had proved the defendant was in possession of a controlled drug.

Insp Cody said it was ‘clearly’ put to the defendant that he was found in possession of drugs for sale or supply.

‘We have the drugs, we have the value of the drugs, and he pleaded guilty to possession of the drugs,’ he said.

‘The state still has to prove the case,’ replied the solicitor.

In evidence the defendant said he never sold drugs and that when people came to his home to smoke drugs they sometimes brought their own and sometimes used his.

However, he said he never received money for drugs.

Insp Cody asked the defendant if he was paying rent at the address and the accused said he was paying €50 per week for a room.

When he confirmed that he wasn’t working Insp Cody asked him where he got the money to pay for the drugs in the first place.

‘I was working at the time,’ replied the defendant.

‘I was an assembly worker on the motorway and was earning €600 per week,’ he added.

He also told the court he didn’t see the search warrant and when asked what age he was when he started taking drugs the defendant replied: ‘When I was 17 years old, I am now 28.’

Insp Cody then told the court it would take the defendant 62 days to smoke the amount of cannabis seized.

The defendant’s solicitor said her client had been ‘extremely candid’.

‘I would say a doubt has been raised in respect of the Section 15 charge,’ she said.

The judge commented that it wasn’t ‘an implausible’ story and he said the state could have given evidence as to what was in the other rooms and he added: ‘We will give him the benefit of the doubt.

He then convicted him on the Section 3, possession charge, on a plea of guilty.

He imposed a €150 fine and gave the defendant five month to pay.

He dismissed the Section 15 charge and ordered the destruction of the drugs.