A man who had attempted to conceal 32 Ecstasy tablets, six bags of cocaine, and 20 bags of herbal cannabis, in his jacket after being stopped for driving while using a mobile succeeded in having charges of drug dealing dismissed because of a “gap” in evidence.
Before Galway District Court last week was Grezegorz Bulawczyk (27 ) with an address at 330 Tirellan Heights who was charged with possession of Ecstasy, cocaine, and herbal cannabis at Headford Road on November 23, 2007. He was also charged with possession of herbal cannabis, Ecstasy and cocaine with intent to sell or supply.
The court heard that during a search when defendant’s jacket was unzipped drugs were found in his inside pocket. The drugs included 32 Ecstasy tablets, six small bags of cocaine, and 20 bags of herbal cannabis. These were then handed over to Garda Noone and the defendant was arrested.
While being interviewed at Galway Garda Station the defendant admitted that he had bought the drugs near a bus station in Eyre Square and had intended to smoke the cannabis himself and sell the rest. In his statement, the defendant also admitted that he had paid €500 for the three bags of drugs and that it was the first time he had attempted to sell drugs
When defendant solicitor Valerie Corcoran asked why her client had been searched on the roadside and not in the presence of an interpreter at the Garda station, Garda Rodgers replied that the defendant’s “English was perfect at the time”. Garda Rodgers added that the defendant’s “English went downhill badly when he was on his way to the station”.
Garda Sean Durkin, attached with the Drugs Unit, then gave evidence that on November 26 he received three sealed bags containing the drugs from Garda Noone and secured them in a locker. On the morning of December 19 the drugs were then transported to the forensic science laboratory in Dublin. Ms Corcoran put it to Garda Durkin that in his statement it is written that he only took control of the drugs on December 19. She also added that Garda Noone said in his statement that the drugs were taken out of his locker before handing them over to Garda Durkin.
Judge Fahy said that she had concerns. She added that the statements “would leave a gap in the chain of events... I think it would be fatal”. She then dismissed the drug dealing charges and gave leave for the state to appeal this decision.
The defendant was then remanded on continuing bail to February 25, 2009, for a hearing on the remaining possession charges.
