There was a major discrepancy in the value of drugs seized by Gardaí from a Tuam defendant, who claimed the value of the deal was only €200, while a Garda witness told a special sitting of Tuam District Court that it was €2,600.
Judge Vincent Dean heard that Gardaí observed Gerry O’Brien, 137 Parkmore, Tuam leaning in the window of a car at St Enda’s Avenue in the town on May 2, 2024. He was acting suspiciously and they followed O’Brien to a filling station where he handed over the cannabis he had in his possession to an unnamed youth. Gardaí detained the youth and seized the drugs. Gardaí accepted the defendant had panicked and gave the cannabis to the youth who was not involved in dealing.
Gerry O’Brien turned up at Tuam Garda Station and admitted the bag of cannabis was his. He said it was for his own use and admitted he bought €200 worth of cannabis for himself every two weeks or so.
The defendant was charged with having the drug for the purpose of sale or supply, and with possession.
He had 25 previous convictions, including three for possession of drugs as well as theft and violent disorder convictions.
Sean Acton solicitor (defending ) pleaded that his client was a chronic cannabis user at the time. He said that it often happened that when people were in debt to dealers they were given more than they asked for and were told to sell it on.
He noted that very often there were discrepancies over the value of drugs between Garda estimates and those found in possession of them.
The defence pleaded that this event happened two years ago and his client was now drug free and seeking treatment for his issues.
O’Brien is 31, married and the father of two children. He had turned a corner, Mr Acton said.
Judge Dean said the value of the cannabis was very serious and this combined with O’Brien’s record merited a prison sentence. In mitigation he had gone to the Garda Station and taken responsibility for the drugs.
A five-months sentence was imposed on the sale or supply charge, suspended for one year, and the possession charge was taken into account.
