Judge: Insufficient evidence against man on charge of supplying heroin

BY DAVID FORSYTHE

A MAN who was charged with the possession of heroin for the purpose of sale or supply had the charge dismissed due to insufficient evidence.

Prosecuting, Insp Roisin O’Dea told Bandon District Court that Luke McCarthy, 34 of Knockataggart, Skibbereen, was stopped on March 23rd, 2022 at Rigsdale, Ballinhassig at 1.15pm.

Gda Padraig Walsh told the court that when he approached the yellow Ford Ranger jeep, the two male occupants – one of whom was Luke McCarthy – appeared very nervous.

A search was carried out under Section 23 of the Misuse of Drugs Act of both the vehicle and the individuals, but no drugs were found. A small electronic weighing scales hidden in a sock was found in the centre console of the jeep.

Gda Walsh said that Mr McCarthy was still very nervous and when he asked him if he would consent to a further search in more privacy, he refused.

Mr McCarthy was arrested and taken to Bandon Garda Station where a further search was carried out.

During this search a plastic package wrapped in tinfoil was found secreted on Mr McCarthy’s person. The package contained a brown substance which was suspected to be heroin and was sent to Forensic Science Ireland for analysis.

After analysis it was confirmed that the package contained 5.771 grams of heroin. Mr McCarthy was interviewed by arrangement on March 3rd 2023 where he admitted the heroin was his and was for his own personal use.

He was arrested under Section 15 of the Misuse of Drugs Act and charged with possession for sale or supply.

Gda Walsh said that Mr McCarthy claimed he was working full-time as a landscaper earning €600 per week.

He said that the accused claimed that he had paid €400 for the heroin but the true value was more than €800. He said that Mr McCarthy told gardaí he bought the heroin in Cork and it was a week’s supply, that he would smoke one gram a day.

Det Sgt Michael Lyons told the court that in his opinion it was very unlikely that a heroin addict would be able to keep seven grams of heroin for a week.

‘They would usually hoover it up,’ he said. He told the court that Mr McCarthy’s residence was not searched as gardaí believed it was not necessary with the evidence already recovered.

Defence solicitor Éamonn Fleming said that the only evidence of dealing was the amount of heroin found in his client’s possession.

He said that no cutting agents were recovered, no tick list was found, no mobile phone calls were analysed and no bags or other paraphernalia were recovered, except for the scales. He said that Mr McCarthy used the scales to make sure he was getting what he paid for.

The court heard that Mr McCarthy was undergoing residential addiction treatment in Dublin and had been clean for nine months. The court was told that he had 26 previous convictions, including two for possession of illegal drugs.

Judge James McNulty said that on balance there was insufficient evidence to convict Mr McCarthy on the supply charge. ‘The evidence is insufficient, the sole evidence is that the quantity is greater than usual. There is no evidence he was supplying to others, there was no tick list and no phone records have been examined,’ he said.

Judge McNulty dismissed the supply charge and convicted Mr McCarthy on the possession charge, to which he had already pleaded guilty.

He sentenced him to six months in prison, suspended for two years.

The conditions of the suspension include that he be of good behaviour and not come to garda attention, abstain from all involvement with illegal drugs, and also agree to random saliva testing at the request of the gardaí.