A 56-YEAR old father who told the court that he was unaware that their was heroin hidden under the carpet in his home was convicted of possessing the drug for his own use at the last sitting of Kilkenny District Court.
Albert O’Brien, 39 Hebron Park was convicted of the offence at his home on August 20, 2009. Superintendent Aidan Brennan told the court that the defendant was observed as being associated with known heroin users who were observed using his home and that gardai strongly suspected of the defendant being in possession of heroin at his home.
Gardai obtained a search warrant and at 7.30am on the morning in question gained entry to the house and met with the defendant and showed him the search warrant. The house was searched and a small bag of brown powder was found under the carpet in the hallway. A garda sniffer dog alerted the gardai to the drugs.
Solicitor Breda Fleming told the court that her client denied that the drugs were his. “He told the gardai that he had no idea who owned them or for how long they were there,” she said.
Judge William Harnett remarked that it was ‘unlikely that they (the drugs) were put there by someone else’. “The courts credibility is being stretched here and is being stretched way beyond reasonable doubt,” he said before imposing a 700 euro fine.
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