Case against Dublin man accused of drug-dealing in Cork may be struck out over DPP delay

Garda previously told court the accused 'was caught red-handed'

Cork District Court heard the defendant was found by a garda 'in possession of four deals of suspected diamorphine, five deals of crack cocaine and a small quantity of cannabis'. File picture

A young Dubliner accused of dealing crack cocaine and heroin in Cork City last June may have the case against him struck out this June if there is no progress in the case against him.

Sergeant John Kelleher said that directions in the case against Cian Whelan were still awaited from the DPP.

Defence barrister, Patrick Horgan, suggested that the case should be made peremptory against the State in light of delay.

Judge Mary Dorgan agreed to adjourn the case on a peremptory basis to June 8 for directions from the Director of Public Prosecutions.

The young man secured High Court bail following a period in custody when he was refused bail originally at Cork District Court.

Cian Whelan, aged 22, of no fixed address in Dublin was arrested by Detective Garda Michael Abernethy and charged with four counts under the Misuse of Drugs Act, namely being in possession of diamorphine (heroin) and crack cocaine and having both drugs for the purpose of sale or supply to others.

The detective previously objected to bail being granted to the accused at Cork District Court and outlined the grounds for that objection.

Det. Garda Abernethy said: “On June 18 at around 1pm, I was on patrol at Lower Glanmire Road, Cork, when I observed a male in a suspicious transaction with two other males. On seeing gardaí he tried to walk away.

“He was stopped and searched. He was found in possession of four deals of suspected diamorphine, five deals of crack cocaine and a small quantity of cannabis. He had €515 in cash and a black iPhone. The nature of the evidence is that Cian Whelan was caught red-handed.”