Man in possession of drugs publishes video on social media - Kilkenny Live

A defendant who admitted having cannabis in his possession and to obstruction by ripping open an evidence bag containing the drug on a video post on social media was handed down a suspended sentence at Kilkenny Circuit Court.

Garda Brian Whitty gave evidence that on February 23, 2020 a search under warrant was carried out at the home of Adrian McKenna, Lower Village, Kilmacow, Co Kilkenny.

The court heard that on the date in question gardaí entered the defendant’s home and met him on the stairway. The defendant then ran into a room and ripped open a blue bag that contained green material. Gda Whitty told the court that the defendant was ‘physically aggressive and verbally abusive to gardaí’.

A mobile phone, a grinder, electronic weighing scales and ziplock bags were all seized.

The value of the cannabis contained in the blue bag was €360. Gda Whitty outlined to the court that the gardaí had put the cannabis in a sealed evidence bag. Gda Whitty told the court that the gardaí had forgotten the evidence bag containing the cannabis and that when they returned to the defendant’s home they found that he had interfered with the sealed evidence bag by cutting it open.

The court heard that a video was posted on the social media site, Facebook, speaking about the day’s events and showing the evidence bag that was cut open. The defendant also made a number of insulting remarks to gardaí during the video, which was played out in court.

The defendant was arrested and during garda interview he made admissions to using cannabis. The court heard that while the defendant has a number of previous convictions he has no previous convictions under The Misuse of Drugs Act.

Defence

His defence barrister, Tom Giles Kelly told the court that at the time of the offences his client was under the influence of intoxicants and was under the influence at the time he posted the video. The court also heard that at that time the defendant had mental health difficulties and appeared to be treating himself by using cannabis.

At the time the defendant posted the video on Facebook, he was using the Facebook page to promote his activism in relation to the legislation of cannabis and has since closed down the page.

Remorse

The court heard that the defendant is now in employment and has expressed remorse and has apologised for his demeanour and for what he said and is now abstaining from intoxicants and is sober.

“This is a great sense of embarrassment and remorse in relation to his demeanour, he is a changed character” said his barrister.

Judge Dermot Sheehan remarked to the court that the aggravating factors in the case were clear - namely that the defendant mentioned the names and the identification numbers of the gardaí involved but acknowledged that the defendant had mental health problems, was intoxicated and had significant personal issues at the time.

The judge convicted the defendant under section 3 of The Misuse of Drugs Act and imposed a fine of €600. In relation to the obstruction charge McKenna was handed down a six month sentence which was suspended on condition that he keep the peace and be of good behaviour for 12 months.