A judge has asked for a probation report on a young man who was found to be in possession of €280 of cocaine in Co Cork last year.
Joshua Allen (21), of Ballinamona, Shanagarry, pleaded not guilty to a charge of possessing the drug at the Pontoon, Midleton on July 10th, contrary to the Misuse of Drugs Act. He is the eldest son of celebrity chef Rachel Allen.
Det Garda Kieran Crowley told Midleton District Court that a noise complaint was received at about 11.25pm on the night and he and other gardaí went to investigate.
He found about 40 young people gathered at the Pontoon, including a young man who was standing alongside two females. He said that as he approached, the man walked away and discarded a plastic item in long grass.
Det Garda Crowley acknowledged that the area was poorly lit but he had a torch and was able to identify Mr Allen. He said the three were the only people in the particular area where the item was discarded.
He searched the long grass and recovered a bag, which the Forensic Science Laboratory later determined contained cocaine with a street value of €280.
Det Garda Crowley said Mr Allen was “very pleasant” on the night and co-operated with gardaí.
Dark night
Don Ryan, solicitor for Mr Allen, said the alleged offence happened on a dark night and that his client was wrongfully identified as having drugs in his possession because of poor lighting.
He expressed concern that a fingerprint check was not undertaken on the package and said youths had ran away when gardaí arrived so “anyone” could have been responsible.
Mr Allen took the stand and denied possessing cocaine. He said Det Garda Crowley had made a “big mistake” and that he did not drop anything. He said if he was someone trying to get rid of drugs, he would have put them down his pants.
Judge Gabbett said Det Garda Crowley was “very experienced” and “saw what he saw”. He said he had never heard of a finger print check being carried out in a Section 3 possession case. He said he found the facts in the case proven.
Cannabis conviction
Mr Allen has six previous convictions for drugs offences arising from a single incident two years ago, the court heard. He received a custodial sentence last year for possession of some €22,000 of cannabis for sale and supply and served seven months in prison.
Mr Allen received a 30 month sentence with 15 months suspended and Insp Tony O’Sullivan indicated this matter was a triggering offence. Mr Allen would have to return to the Circuit Court for a possible reactivation of a suspended portion of the sentence he had received.
The judge ordered a probation report and said he would reserve imposing a conviction in the case until the next court hearing.
The matter was adjourned until July 8th.