Garda chief warns head shops they could face prosecution

A HIGH-RANKING garda has warned head shop owners in Dublin’s north inner city that they could be prosecuted if anyone taking their products comes to serious harm.

The warning emerged as garda investigations continue into arson attacks on two head shops in the north inner city in the last week.

It further emerged yesterday that there were up to six customers in the Happy Hippy head shop on North Frederick Street last Tuesday when two masked men walked in, emptied petrol from a container over the front of the shop and set it alight.

In what is thought to be the first publicly-stated Garda policy of its type, Chief Superintendent Pat Leahy, who is in charge of the Dublin North Central Division, told Dublin City Council’s Joint Policing Committee (JPC) he had visited head shops in his division and told them they could face prosecution.

“Chief Supt Leahy told the JPC that he had visited all the head shops and had warned them they could be charged with reckless endangerment,” said local Labour TD Joe Costello.

“He told them gardaí would be monitoring their business and if there was any fatality or serious injury arising from their business they would be pursuing with that charge.”

Reckless endangerment is an offence under the Non-Fatal Offences Against the Person Act, 1997. The Act states: “A person shall be guilty of an offence who intentionally or recklessly engages in conduct which creates a substantial risk of death or serious harm to another.”

Summary conviction in the district courts attracts a fine not exceeding €1,900 or a maximum prison term of 12 months. Conviction on indictment in the circuit courts attracts a fine or a maximum prison term of seven years.

Deputy Costello said Chief Leahy had said that issues to do with misinformation and mislabelling of products by head shops could form part of any reckless endangerment prosecution.

“Some of the items being sold have labels stating ‘not for human consumption’, but at the same time staff in the shops give advice how to use such products,” said Mr Costello.

Local Sinn Féin councillor Seamus McGrattan said Chief Leahy had put a lot of work into the issue and that gardaí seemed to be doing all they could under the legislation available.

“He didn’t quote any legislation, but he did say they could be prosecuted if anyone had come to harm.

“He did mention reckless endangerment. He said he said that to the shopkeepers, but that they said they weren’t selling anything illegal.”

Mr Costello, who chairs the supply control committee of the North Inner City Local Drugs Task Force, said he was particularly concerned at the arson attack on North Frederick Street, because of the six customers inside the shop at the time.

Meanwhile, there are signs across the city that head shop owners may be increasingly worried about attacks.

New head shop, Camden Head Store on Camden Street, which is yet to open, has removed the word ‘Head’ from its front signage.