A DISTRICT court judge said it wasn’t believable that a Bandon mum-of-three didn’t know that her son and his friends had been out in her back garden using her home for drug offences.
Judge James McNulty made the comment when finalising the case of Olivia Masih (46) at Bandon District Court last week.
Mrs Masih had previously contested the charge of allowing her home to be used for drug offences but was convicted of the charge in January.
Judge McNulty had in the interim directed that a probation report be prepared for the court for Mrs Masih, with an address at 9 Deerpark, Bandon.
Judge McNulty recapped in court last week that her son Alex had €190 of cannabis on him, while one of his friends had €1,350 worth of cannabis in 21 individual packages when gardaí called to the defendant’s home in March of last year.
The court heard that both the child and family agency, Tusla and Cork County Council were made aware of the incidents and that Ms Masih has been reminded of the terms and conditions of her council tenancy.
The court was told that the woman’s son has since moved out of the family home.
Solicitor Ray Hennessy said his client still maintains she didn’t allow her home to be used for drug offences but Judge McNulty said that was ‘nonsense.’
‘It’s not believable and I don’t accept that she wasn’t fully aware of what her son and his two friends were doing out the back smoking their heads off and probably selling cannabis,’ said Judge McNulty, who added that she ‘could hardly not know.’
Mr Hennessy said it was his client’s eldest son, Alex who ‘landed her in it.’
‘She did know he smoked cannabis and he had been previously prosecuted but she did not knowingly know drug offences were taking place at her home,’ said Mr Hennessy.
However, Judge McNulty said the defendant could have told her son to leave instead of bringing his friends into the back garden to ‘smoke weed.’
‘She is a tenant and had an obligation to stop it. Has she any moral authority?’ he asked.
Judge McNulty noted the probation report, which outlined that she had significant difficulties in her life.
The judge then directed that she placed under the supervision of the probation services for one year, in her own bond of €100, with no cash required.
