Gardaí sniffed out €22k of cannabis
A horrendous smell of cannabis herb raised the suspicions of gardaí when they were visiting an apartment block to investigate an incident that had nothing to do with drugs.
After they went away to get a search warrant to follow their noses they found a stash of cannabis herb in the bathroom of the apartment and it had a street value of €22,000.
Lukasz Kubiak, aged 34, of Maple Woods, Ballinacurra, Midleton, Co Cork, pleaded guilty to having cannabis at an apartment at Kilta View, Main St, Castlemartyr, on September 23, 2017, for the purpose of selling or supply- ing at a time when the drugs were worth over €13,000 worth of cannabis at.
The relevance of the €13,000 threshold is that it carries a mandatory 10-year minimum sentence unless there are exceptional circumstances.
Detective Sgt Seán Leahy said the gardaí were investigating a hit and run car accident at the time when they entered the apartment complex.
“On entering in the hall the gardaí got a strong smell of cannabis from one apartment. They left and got a warrant. They came back and carried out a search.
“They found a disused growhouse. Also cannabis was found in a small bathroom.”
While no one was present at the time, Kubiac contacted his solicitor as soon as he became aware of the garda search and he made an appointment to meet gardaí so that he could be formally arrested and questioned.
When questioned he admitted cultivation of cannabis in the apartment.
The Polish man is married to an Irish woman and had no convictions of any kind. The judge was told the defendant’s wife had no knowledge of her husband’s drugrelated activity. Mr Creed said it was the horrendous smell of cannabis that put gardaí on to the accused and not anything else.
The senior counsel said the defendant’s position was that, “People were coming over, doing the heavy with him. He was to grow it and hold to it for them to clear a debt.”
Judge Seán Ó Donnabháin said: “What I am concerned about is he had a long-standing cannabis habit. He is coming before the court and that is not rectified.”
Tom Creed, defending, said the defendant’s wife took a dim view of his actions. The judge repeated: “I asked you a direct question. He is a user of cannabis. He is before the court on a serious charge. He has not done anything to improve that situation. You are missing the point I am trying to make. Perhaps if I remanded your client in custody it would dawn on him.”
Mr Creed said the defendant would address his cannabis habit if the sentencing was adjourned.
Judge Ó Donnabháin said: “Moladh go deo le Dia! The penny has dropped. Maybe I should be the barrister. Hand me up the pink sheets [the forms signed in court by lawyers for the purpose of being paid free legal aid].”
Sentencing of Kubiak was adjourned until February 15 for him to do regular urinalysis.