A DANCE instructor who was convicted in the district court for possessing ketamine has successfully appealed her conviction after telling a judge that she had no knowledge the drugs were in her bedroom.
Agata Boike of 7 O’Mahony Avenue, Bandon appealed her drug conviction at the recent circuit court appeal sittings in Bandon Court. She had been convicted and fined €500 at Bandon District Court for the offence.
Det Gda Colin O’Mahony told Judge Dara Hayes that he obtained a search warrant to search her home on January 24th last year. He said an individual not before the court was living with Ms Boike at that property at the time.
‘I executed the search warrant at the address accompanied by members of the divisional drugs unit and dog unit. I met her mother in the house and produced the warrant to her,’ said Det Gda O’Mahony.
He said that following a search a number of items were found in an upstairs bedroom, including two bags of ketamine, valued at €180 in a chest of drawers.
‘There was cling film there too and suspected deal bags, while Ms Boike wasn’t present during the search. She did attend Bandon Garda Station on February 24th and a voluntary caution memo was taken.’
She denied ownership and responsibility of the drugs but refused to tell gardaí who owned them. Her mother was interviewed and she also denied ownership of the drugs but admitted that they were found in her daughter’s bedroom.
‘She shared the bedroom with another person who was contacted on more than three occasions but refused to engage with us,’ said Det Gda O’Mahony.
Barrister Ben Shorten BL, instructed by solicitor Plunkett Taaffe, said the search warrant was in another person’s name and yet it was served on his client’s family.
‘There is no physical evidence to link her to the two small bags of ketamine. I have to put it to you Detective Gda O’Mahony that these drugs could have been secreted in the chest without her knowledge,’ said Mr Shorten.
He said that the State has, by their own evidence, failed to show that she had knowledge of the drugs or owned them.
‘They weren’t large and could have been in the chest of drawers without her knowledge. The other person has left the jurisdiction and she ended that relationship with haste and has always been consistent in her denials. She should be given the benefit of the doubt.’
Mr Shorten added that she has no previous convictions, hasn’t come to garda attention since while a conviction would have a serious effect on her teaching career. State solicitor Jerry Healy said it ‘stretches’ credibility that the drugs were in her clothes without any explanation.
Judge Hayes said the court must be satisfied beyond reasonable doubt. He said it was possible that the drugs could have been secreted in her chest of drawers without her knowledge and he upheld the appeal.
