Waiting for directions from DPP for Tinryland man - Courts - Carlow Nationalist

Waiting for directions from DPP for Tinryland man - Courts - Carlow Nationalist

THE STATE is waiting for DPP directions on whether it wants to prosecute a man under section 15 of the Misuse of the Drugs Act or under section 15A of the Misuse of the Drugs Act .

That’s what Garda Sgt Hughes told Portlaoise District Court last week when Brian Farrell (36) Linkardstown, Tinryland, County Carlow was charged with possessing cannabis for sale or for supply, and for possessing the drug for his own use at Lake Drive, Kilminchy, Portlaoise on 10 March.

He is also charged with obstructing gardaí in the execution of their duty by allegedly switching off his mobile phone and throwing it away during a garda search on the same date at Rathrush, Ballon, Carlow.

Defending barrister Donal Callaghan wanted to know what the delay in proceeding with the case was, as the alleged offence had taken place back in March.

Sgt Hughes said he was waiting for directions from the DPP, as the alleged amount of drugs found was “ on the edge of section 15 and section 15A .” Judge Andrew Gubbins remanded Mr Farrell on continuing bail to the last week’s sitting of the court where it was further adjourned to 5 November.

Section 15 of the Misuse of the Drugs Act (possessing drugs for sale or supply) applies when a person possesses a controlled drug to such a quantity that the court is satisfied it is not for personal use but for sale and supply. If found guilty under this act, the accused shall be liable on a summary conviction to a fine not exceeding €1,000 and/or a term of imprisonment not exceeding 12 months.

Section 15A of the Misuse of the Drugs Act (possessing drugs for sale or supply exceeding €13,000) applies when a person is found in possession of drugs that exceeds €13,000. This offence can only be dealt with on indictment and a person could face a term of life imprisonment or a shorter period subject to the view of the court and/or a fine with a fixed amount determined by the court.