02 Oct 2022

Kilkenny Court jails man for suppling heroin to others

Kilkenny court

Kilkenny courthouse

A man who shared heroin with others has been convicted of having drugs for sale or supply, by Kilkenny District Court.

A nine-month prison term was handed down to Patrick Power, 77 Dowland Road, Walkinstown, Dublin 12, by Judge Geraldine Carthy.

Garda David Cosgrave gave evidence that on October 30, 2020, he entered 8 Freren Court, Kilkenny, on foot of a warrant. He was accompanied by four other gardaí.

The premises was searched. There were a number of people in the premises. In a bedroom at the rear of the premises Garda Cosgrave found a man ‘passed out’ on a bed. This was Mr Power.
Mr Power handed over a bag of a white substance that the garda suspected to be heroin.

A voluntary, cautioned memo was taken from Mr Power at the scene and he signed the garda’s notebook. This was read into the court record. Mr Power had admitted the material was heroin, for his own personal use, and was valued at €150.

The material was sent to Forensic Science Ireland for testing and it was confirmed to be 6.4g of heroin in 28 separate deal bags. It was valued at ‘just under €1,000.’

On January 19, 2022, Garda Cosgrave arrested Mr Power at St Agnes Road, Crumlin, Dublin. He was taken to Pearse Street Garda Station for interview.
During the interview Mr Power said he didn’t remember being in Kilkenny, being in the house or the search, because he had a brain tumour. He did not remember giving the voluntary, cautioned memo. He said he must have been under the influence of heroin at the time.

Mr Power said he was now on methadone treatment.
He also told gardaí that he did not sell heroin but would give it to others. He said he would take 2g a day, when using. The garda said the defendant did not have an explanation for why the drug was in 28 bags and he did not remember who else was in the house the night it was searched.
Garda Cosgrave said Mr Power was not working, was on social welfare, and had no answer for how he managed to have €1,000 worth of drugs.

In answer to questions from solicitor Chris Hogan, defending, Garda Cosgrave said there was no money, scales or ticklist found in the house during the search.
Mr Power told the court he had a brain tumour that was removed and in the last three or four years has suffered from memory problems.
He said the drugs were bagged up so he would know to take a bag in the morning, a bag in the afternoon and a bag at night. And he would look after others.

Judge Carthy said that by his own admission Mr Power had supplied drugs to others. She convicted him and imposed a prison sentence of nine months, backdated to January, when Mr Power was first taken into custody.
A destruction order was issued for the drugs seized.

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