Man avoids jail sentence for impeding Garda drugs search

A MAN who denied impeding a drugs search claiming gardaí had been harassing him for years and knew well that he was anti-drugs was convicted of the offence yesterday and given a three-month suspended jail sentence.

Paul O’Brien, aged 31, of Coome East, Glenville, Co Cork, was convicted by Judge Con O’Leary at Cork District Court following a trial that took place last week and was adjourned until yesterday.

Judge O’Leary said the defendant had brought his credibility into question by giving the impression that he was inexperienced about Garda stations and later saying that he had nine years of harassment by gardaí. The judge said O’Brien was also shy about his record of convictions having testified about his good character in evidence.

One of the key issues in the case was whether or not there had been a smell of cannabis from O’Brien’s car sufficient to give Garda Tony Power reasonable suspicion to initiate a search under the Misuse of Drugs Act.

O’Brien said it was before 12 noon on February 25 and he had been in a house seeking work as a plumber and that there was no way that there was a smell of cannabis from his car as he and the man with him did not use cannabis and did not even smoke cigarettes.

Donal Daly, solicitor, said: “There was no reasonable cause in this universe for a search for drugs.”

Inspector John Deasy said the gardaí got a smell of cannabis and wanted to conduct a search and that if O’Brien had agreed to a search there would have been no problem, no arrest and no court case.

Judge O’Leary was told that Garda Power initially went over to the car to talk to the man with O’Brien because he knew the man was a listed member of an unlawful organisation.

The judge said that the garda was distracted from discussing the matter that brought him over to the car in the first place and that the distraction must have been the smell of cannabis that he described.

O’Brien had insisted that he did not impede a search and testified that he had wanted to speak to his solicitor first.

The defendant said that when he was brought to Mayfield Garda Station for a drugs search that day, the station orderly sang the republican song, Kevin Barry, as he arrived. This claim was denied by the prosecution.

During the trial, Inspector John Deasy said the defendant had criminal convictions for crimes including burglary. Insp Deasy said O’Brien’s attitude in the station was to the effect that, “I am going to show them I am the big man and I am not going to be subjected to anything by any organs of this state”.

O’Brien said through his solicitor, Donal Daly, at Cork District Court that the “harassment” started after leaflets were handed out in pubs in the Mayfield area warning drug-dealers not to frequent the premises.

Mr Daly said O’Brien had made a complaint of harassment to the Garda Ombudsman.