A Dublin man who was visiting Carrick-on-Shannon for a stag party in July of this year and was discovered to be in possession of cocaine to the value of €1,105 with the intent to supply was given a five month suspended sentence when he appeared before last week’s sitting of Carrick-on-Shannon District Court.
Sgt Michael Gallagher gave summary evidence against Kyle Kelly, 117 Ashlawn Park, Ballybrack, Co Dublin. He told the Court on July 14, 2018 Det Garda Karen Walsh conducted a search in a hotel room in the town where the defendant and cocaine valued at €1,105 was discovered.
The court heard the defendant was also in possession of €2,350 in cash while plastic bags were also discovered which indicated individual deals were being prepared.
Sgt Gallagher said he was satisfied the money was not the proceeds of crime as Mr Kelly has said he had spent some time gambling, losing and winning.
Defending solicitor Martin Burke said it was not the defendant’s intention to sell the drugs around the town.
He explained, “There were 40 lads on a stag party, it was these people he intended supplying.
“There is not a pattern here, he hasn't it as an enterprise to go around the country selling drugs.”
Mr Burke added, “His intention was to facilitate his friends with their substances for the weekend. It turns out they had made their own arrangements.”
Mr Burke also referred to the sum of cash that was discovered in the hotel bedroom saying, “The money was from a money lender with the intention of gambling on horses.”
Giving direct evidence the defendant, Mr Kelly, said, “I’ve never been in trouble with the Guards before.”
Under cross-examination from Sgt Gallagher, Mr Kelly said he bought the drugs in Dublin and brought them to Carrick-on-Shannon with the intention of selling them to his friends.
When it was put to him that he hoped to double his money, he replied, “Correct.”
Having heard the evidence Judge Kilrane remarked, “He had not worked since 2015, was on social welfare and was able to assemble this much drugs and bring it to Carrick-on-Shannon.
“He has no previous and for that reason he will not be going to prison today.”
Imposing a conviction for what he described as a “very serious charge,” Judge Kilrane imposed a five month suspended sentence on the condition that he is not convicted of any offence relating to illegal drugs for a period of two years.
An application for legal made by Mr Burke was rejected by Judge Kilrane who commented, “The money is being returned to him which is fairly generous from the State. On that basis I am not going to grant legal aid.”
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