A DAD-of-one who denied kicking a bag of cocaine under a seat in a Clonakilty pub has received a six-month prison sentence.
Jack McCarthy of Creaghbeg, Lissavaird denied the charge of the possession of cocaine at Clonakilty District Court.
Gda Elaine O’Sullivan told the court that at 11.45pm on June 15th 2019 she and Gda Keith O’Leary went to a pub in the town on foot of confidential information they had received about the defendant.
Gda O’Sullivan said they found him in the back bar and asked him to accompany them outside.
‘As we began to walk out from the back of the bar towards the entrance his appearance changed and he became jittery and nervous,’ she said.
‘He then threw a white plastic bag onto the ground and I saw him kick it under a seat,’ said Gda O’Sullivan.
‘I kept my eyes on it and seized it and it was a bag of cocaine.’
Gda O’Leary said that as they were escorting McCarthy out of the bar, the defendant was very eager to get rid of a drink he had in his right hand and he, too, saw him take out a deal bag from his right pocket and kick it out of the way.
Mr McCarthy said he was being forced through the crowds by Gda O’Leary and stumbled over chairs and tables and denied putting his hand in his pocket.
Judge James McNulty convicted him on the charge and the court heard he has five previous convictions, including one for cocaine possession from 2019.
Solicitor Conrad Murphy said his client’s life has taken a significant turn since this incident as he and his girlfriend now have a baby.
Judge McNulty noted that while the defendant was appealing a 30-day sentence from the previous cocaine conviction, he was offending again.
‘His conduct in this trial does warrant a comment as he gave false evidence,’ said Judge McNulty, who sentenced him to six months in prison and refused to suspend it.
Recognisances for an appeal were fixed in the defendant’s own bond of €100 which is also to be supported by one independent surety of €3,000, with one third of that to be provided in cash and that surety must be approved by the court.
Judge McNulty commended both of the gardaí involved for what he said was ‘excellent police work.’
