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GARDA HARVEST OF COCAINE POSSESSION AT KINSALE 7’S IN MAY 2019 NOW BEING PROSECUTED IN BANDON DISTRICT COURT.

You will no doubt have noticed my previous online article concerning the Cocaine 7’s of 2019. These cases are now appearing before Bandon District Court. A thumbnail sketch of the circumstance surrounding an observation, search, arrest, admission, seizure and analysis arising is contained a statement from one of the arrested parties that I am dealing with.

The statement in question is almost repeated verbatim in a number of other cases by the Gardaí. Game set and match the Prosecution? I don’t think so.

“Statement of evidence of Garda****** of ***** Garda Station made on * of ***2019, at ***** Garda Station. “ I hereby declare that this statement is true to the best of my knowledge and belief and I make it knowing that if it is tendered in evidence I will be liable to prosecution if I state in it anything which I know to be false or do not believe to be true”.

 I am a member of An Garda Síochána attached to ***** Garda Station. On the 5th of May 2019, I was on plain clothes beat duty at the Kinsale 7s Rugby festival at Kinsale Rugby Club, Snugmore, Kinsale, Co. Cork, accompanied Garda ***** *****. At ** hours I observed a male who I now know to be ******************** I spoke to ****** who appeared very nervous when I spoke to him. I produced my Garda identification badge and identified myself as a Garda. I was of the opinion Mr. ******* was in the possession of a controlled substance and I informed him of this and that I was going to search him under Section 23 of the Misuse of Drugs Act 1977/84. Mr ******* did not object to this. I searched Mr. ******* and found a small bag of white powder in this pocket. I subsequently took a caution memo of interview from Mr ******* in my notebook, at the Rugby club. I cautioned Mr ******* as follows “ you are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence. Mr ******* admitted it was Cocaine for his own use. I read over the memo to Mr ******* and I invited Mr ******* to sign my notebook which he did. Garda ***** and I witnessed this. I placed the items seized into evidence bags labelled SH1. While in my possession the exhibit was not tampered or interfered with in any way. I completed a form C56 with Mr ******* details, the items seized and label number of corresponding exhibits I placed this along with evidence bag SH1 containing suspected Cocaine into the secure drugs locker for the attention of Garda *** *******. I subsequently received a statement from D/Garda **** ********* stating that the substance was consistent with the admission. I have read over this statement and it is correct.

 

Signed :__________________

            Garda **********”

 

Article by Eamonn Fleming

EF/POS

 

 

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