Head shop group: Proposed laws against us won’t hold up in court

A HEAD shop owners group said they wrote to Justice Minister Dermot Ahern warning him that “private consultations” they had with gardaí led them to believe that any charges brought against them under proposed legislation would not stand up in court.

Helen Stone, spokeswoman for Alternative Traders Ireland, who wrote the letter to Mr Ahern, said the association was “astonished” the minister was once again proposing legislation without consulting the industry.

She said it would simply be a further waste of time and public funds.

Although legislation from the Department of Justice has yet to be revealed, it is understood gardaí will be empowered to go to the District Court to seek an order for closure of a particular head shop for the offence of “knowing or being reckless” that products would be used for human consumption.

Head shop owners will have the right of appeal to the Circuit Court but the onus will be on the shop to prove that the materials it was selling were not for human consumption.

Ms Stone said the association was “extremely concerned” at the suggestion their shops could be closed down, with the onus on them to go to court in order to prove their legality.

She said requests to three Government departments for meetings had all been refused.

“We again request direct communication with Mr Ahern,” she said.

Commenting on the proposed legislation Ms Stone questioned if it leaves every citizen open to prosecution and requiring them to prove their innocence before the courts.

Ms Stone said she had s written to the Department of Justice some years ago calling for the industry to be regulated but nothing had happened.