AN apprentice carpenter has successfully appealed a conviction for the possession of cocaine at the Kinsale 7s in 2018.
Ian Fitzgibbon of 40 Deerpark, Friars Walk, Cork appeared at a sitting of the Circuit Court in Bandon to appeal a conviction and a €1,000 fine handed down to him at a previous District Court sitting.
State solicitor Malachy Boohig told the court that the incident occurred during the Kinsale 7s rugby event.
He said that gardaí were on foot patrol in Kinsale on May 6th 2018 when they saw two males on Pier Road.
‘They saw one of them putting something down his trousers and when they searched him, they found a clear plastic bag of cocaine,’ said Mr Boohig.
He added that the defendant has no previous convictions and had handed in a clear urinalysis report into court.
Defence solicitor Eamonn Fleming said his client is an apprentice carpenter and was standing outside a food place on Pier Road when he was given cocaine and he stuck it down his trousers when he saw the gardaí.
‘He’s a good living man and has good references and referees and plays soccer for Greenmount. He did everything he was asked to do and won’t be before the courts again,’ said Mr Fleming.
Mr Fleming asked Judge James McCourt not to give his client a conviction and said he would be happy to make a contribution to the court’s poor box.
‘It has happened to lots of people at the Kinsale 7s and there are a plethora of cases coming before the courts,’ said Mr Fleming.
Judge McCourt said that it’s an expensive lesson for the defendant and he took Mr Fleming’s word that he’s unlikely to re-offend.
Judge McCourt directed the defendant to pay €500 to the Garda Benevolent Fund and struck out the record.
Mr Boohig directed that a receipt be handed into Bandon Garda Station as proof of payment.