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