Judge orders that thousands of euro seized by Midlands garda be handed back
A judge has returned over €7,000 seized after the State failed to provide sufficient proof that suspected cocaine and cannabis seized during a garda raid almost 12 months ago were illegal drugs.
Judge John Brennan affirmed the order at a sitting of Athlone District Court last Friday on foot of an application by Joe Doyle, Darren Doyle and Joe Mears of Richmond Court, Longford.
The latter is to be sentenced at a sitting of Longford Circuit Criminal Court next week after pleading guilty last year to the possession of drugs for the purposes of sale and supply at Danestown, Balrath, Navan, Co Meath in September 2017.
Mr Mears also has two previous convictions, one for violent disorder and the other for possession of a firearm.
Joe Doyle, the court heard, had passed away since the matter was first listed, while Darren Doyle is not before the courts.
Approximately €7,300 in cash was seized by gardai, along with a number of ziplock bags containing “green herb” and suspected cocaine.
The court had heard previously of concerns over the validity of a search warrant used during the planned operation when it emerged how one of the garda officers entered a property for which there was no warrant.
The court has previously heard that a search was carried out by gardaí in numbers 1 to 5, Richmond Court, Longford, on foot of a warrant with the State accepting that Gardaí did not have a warrant to search number 7, where the alleged drugs were found.
Sgt Eoin Fox said he entered the dwelling after noticing a young male suddenly make off, resulting in an ensuing chase.
Judge John Brennan said while he could not foresee any breach in the Constitution as gardaí were dealing with a "fluid situation", the case had been adjourned on a number of occasions to allow for a forensic analysis to be carried out on the alleged drugs that were seized.
Niall Flynn BL, instructed by Baxter Mimnagh Solicitors for the applicants, argued the State was fully aware of the ramifications if there were any further delays.
"This case has been marked peremptory against the state four times, this time with a capital P," he said, stating also how notification of chief garda witness in the case would be unable to attend owing to sickness.
"We (defence) were only informed yesterday evening. We received a sheet of paper stating he was unfit for work but it was sparse on information and did not state when he presented to a doctor and what his complaint was.
"Further there were five or six other garda involved in this search, some gave evidence previously, and none of them turned up to court today."
Inspector Dave Jordan replied, saying the garda concerned had been suffering from a bout of food poisoning, a claim Mr Flynn expressed his surprise at in it being absent from the doctors certificate.
Judge Brennan consequently found in favour of the application applicants and ordered the return of the monies to both parties.