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A court has heard that a small can of cannabis was found on Ian Bailey when he was searched at a garda station after he had been detained at a checkpoint, and that he told gardaí that someone had “left” it with him earlier in your market stall.
The Bantry District Court also heard that Mr. Bailey told Gardaí when informed that the drugs had been found on his person that it was for “personal use” and that upon searching his car he should find no more cannabis.
However, when Gardaí searched his car the morning after his initial arrest, three rolled joints were found in a compartment in the center dash.
Mr. Bailey, 63, of Prairie, Liscaha, Schull, pleaded not guilty to four counts: Possession of cannabis in his car, Possession of cannabis at Bantry Garda station, driving with cannabis in his system, and allowing his car to be used for cannabis possession – in Skull, Schull on August 25 last year.
His attorney, Emmet Boyle, raised a number of questions about how the Gardaí came to find the drugs, both in Mr. Bailey at the Bantry Garda station and later in his car, as well as other aspects of the Garda investigation, including why the arresting garda withheld Mr. Bailey’s car keys after his release the night of his arrest, then took the car and parked it at the Garda station overnight before registering it at the next morning.
Judge John King will now take written submissions on some of those arguments and the matter will return to court next month.
During the hearing, Sergeant Kevin Heffernan told the judge that at the checkpoint, he first noticed that Mr. Bailey was not wearing his seat belt. During a conversation with him, he smelled a strong heady liquor smell.
Mr. Bailey said he had had a pint earlier with a meal and was tired.
He failed a roadside breath test, but then passed an evidencer test at Garda station.
However, while at the station, during a search, a small can of alleged cannabis was found on him.
Sergeant Heffernan told the court that in a warning interview, Mr. Bailey said: “Someone left him at the market stall.
“They said ‘it’s for you’ and left it.”
He told Garda Heffernan it was “green stuff” and as to whether he knew what it was, he said “not exactly, but it looks like cannabis.”
“I assume it is cannabis and I was in possession of it,” he said.
Mr. Bailey said he did not know the name of the person who left it with him and when asked by Sergeant Heffernan if more would be found in his car, he replied, “No, I shouldn’t.
Bailey was taken home and Sergeant Heffernan withheld his car keys. He returned to Schull, drove the car to Schull Garda station, where it stayed overnight, before checking it in at 8am the next day.
Three cannabis joints were found in the car and Mr. Bailey was informed when he went to pick up his car shortly after noon.
In a warning interview memo that afternoon, he was told that three cannabis joints had been found in his car and that it was his Mr. Bailey saying, “Yes, it is. For personal use, yes.” He declined to comment on who gave him the cannabis.
The blood sample was sent to the SAM and the results were returned on October 29 of last year, showing a reading of 2.7ng / ml for D9 Tetrahydrocannabinol (cannabis) where the limit is 1ng / ml and 19.5ng / ml for 11- nor-9-carboxy-D9-tetrahydrocannabinol (cannabis) when the limit is 5 ng / ml.
However, Boyle raised a number of issues around the garda procedures and how they were followed, claiming that Sergeant Heffernan’s formation of an opinion that Mr. Bailey may have been driving under the influence of cannabis was “hindsight” and nothing in the previous custody record from garda risk assessment had outlined the reasons why it could be formed.
Judge King requested written submissions regarding the initial search for Mr. Bailey conducted at the Bantry Garda station, forming the opinion that Mr. Bailey had been driving under the influence of drugs under Section 13 (A) of the Law, the memorandum of the interview. after his release and the subsequent search of his car after Garda Heffernan had retained the keys to the vehicle.
The case will return to the judge for mention on December 10.
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