JUDGE James McNulty has refused to grant free legal aid in the case of a Bantry woman who is facing 57 drug-related offences.
Helen Stone (55) of Kilnacnapogue, Kealkil, first appeared before Bantry District Court last February where the 57 charges were outlined to the court by Sgt Trish O’Sullivan.
At that court, the accused’s solicitor Colette McCarthy applied for free legal aid saying the owner of The Funky Skunk is now an art student, doing the BA course on Sherkin Island.
Judge McNulty adjourned the case for the production of a statement of means, in affidavit format. When he read it, he said: ‘The legal aid application is politely declined.’
The judge noted that the accused, who is in receipt of a Susi student grant, produced a single page affidavit.
However, company records for the year ending June 2021 showed, according to Judge McNulty, a turnover in excess of €750,000.
The judge noted that Helen Stone is the owner of 90% of the shares in the company, and that the company had assets in excess of €600,000. ‘There are little or no borrowings, so the company could be considered asset-rich,’ he added.
‘From what I can glean from the accounts for her company,’ he said, ‘there is only one major shareholder and the court finds it inappropriate to grant free legal aid in connection with these prosecutions.
‘In fact,’ he added, ‘it would be almost unconscionable to extend free legal aid at the expense of the people of Ireland to someone who is clearly asset-rich, but who has recently become a student and benefits from Susi grants.’
The offences – which are alleged to have occurred between November 14th 2018 and October 12th 2020 – include four charges of having cannabis, worth in excess of €13,000, for sale or supply.
Helen Stone is also facing 17 counts of having cannabis for sale or supply; 19 charges of possession of cannabis; 16 charges of allowing business premises to be used for the sale and supply of drugs; and one charge of selling a psychoactive substance.
Helen Stone is one of three defendants to be charged following a three-year investigation that resulted in the search and seizure of €645,000 worth of drugs.
The investigation was led by members of Bantry Garda Station, the Cork West divisional drugs unit, and Store Street Garda Station in Dublin, with the assistance of the Food Safety Authority of Ireland and also the Department of Health.
It was alleged that the offences were carried out at various locations, including The Funky Skunk business premises in Dublin, Lavitt’s Quay in Cork, and Glengarriff Road, Bantry, as well as a residential address at Kilnacnapogue in Kealkil, and two warehousing units at Colomane in Bantry.
Det Gda Andrew Manning, Gda Eoin Concannon and Gda John O’Sullivan had previously given evidence of arrest charge and caution.
Judge James McNulty adjourned the case to Thursday May 25th sitting of Bantry District Court for the service of the book of evidence.
The accused has been remanded on continuing bail.
