Man admits cultivating cannabis

A MAN, charged with eight drug offences including having cannabis worth €13,000 and growing the drug at two separate properties in 2021, came to the attention of gardaí when he was stopped at a Covid checkpoint.

Raimondas Pupsys (39) with an address as no fixed abode, Drogheda, initially pleaded not guilty to all charges but, before the second day of his trial resumed, decided to plead guilty to one charge of cultivating cannabis.

He will be sentenced at the next sittings of Cavan Circuit Court in the new year.

On the first day of his trial, Pupsys was arraigned on indictment on a total of eight charges.

The Lithuanian national was formally charged with two counts of possessing cannabis valued at €13,000 or more, possession of cannabis with intent to sell or supply and cultivating cannabis without a licence at a property on Honeysuckle Hill, Rocklands, Cavan on dates between February 27 and March 4, 2021.

He was also arraigned on two counts of possessing cannabis valued at €13,000 or more, possessing cannabis for sale or supply and the cultivation of plants of the genus cannabis without a licence on dates between February 27 and March 4, 2021, at 22 The Park, Riverbank, Drogheda.

When each of the charges were put to him and Pupsys asked how he wanted to plea, he said: “not guilty” to each count.

A jury of eight men and four women was duly sworn in for his trial, which was expected to last three days and later the same day, the prosecution’s first witness, Sergeant Pauric Kelly from Ballyjamesduff Garda Station, began giving evidence.

Sgt Kelly brought with him various items as evidence including nine mobile phones, heat lights and generators used for growing plants, time switches and fertiliser, which, were all recovered from a car in which Pupsys was a passenger when it was stopped by Gda Kelly during Covid.

Sgt Kelly said on February 27, 2021, he and colleagues were performing checkpoints on the N3 near Lisgrey House between Virginia and Cavan when he observed a car coming northwards towards them. However, the white Renault Scenic car took a right turn into a cul-de-sac.

“Approximately 30 seconds later, the same vehicle emerged from the cul-de-sac and started travelling back in the direction of Virginia, so we decided to follow it.”

The garda said, when the car took a turn up a rural road, gardaí following and indicated for the vehicle to pull over. The driver had Lithuanian ID and Pupsys, who was in the passenger seat, indicated his English was not good “so our interactions were with the driver,” Sgt Kelly told the court.

Prosecutring barrister for the state, Frank Martin BL, asked the garda about the men’s demeanour and Sgt Kelly said: “Very nervous, unco-operative. Their answers to questions about where they were coming from and going to didn’t add up.”

During their conversation, the guard could see through to the boot of the people carrier and observed various items. Sgt Kelly told the court that this, combined with the men’s “demeanour” and the fact they turned away from the checkpoint led him to conduct a roadside search of the men and their vehicle.

While a search of the men proved negative for drugs on their person, the search of the car uncovered green rubber gloves found in a compartment under the driver’s seat and number plates, which matched a make, model and colour of the vehicle in which they were travelling, under the passenger side mat.

Sgt Kelly gave photos into the court of a brown box found in the boot of the car, which contained lights and generators things the garda “knows to be used consistent with growhouse lights”.

Photos of a second box, which were distributed to each member of the jury, showed large aluminium plates used for encasing large 600-watt bulbs, heat lamps, a number of transformers, timer switches, and an Apollo 600 watt power pack.

Officers also found “Terra Acquatica” – a type of fertiliser used for helping cannabis plants grow called a pro-booster along with leaflets and documents relating to growing cannabis.

Sgt Kelly had brought each of the items to court with him and, as he called out the items, raised it in its evidence bag above his head to show the jurors.

He went on to explain that the search of the car also uncovered a signal-blocker, GPS tracker, two screwdrivers and a wrench in the passenger side of the boot.

A signal blocker, Sgt Kelly said, “is used to block the signal between a vehicle and its key”.

“I believe this, and the other items were to be used in the theft of vehicles,” the experienced garda said. He also said that neither Pupsys nor the driver gave an explanation for the number plates found.

Finally, Sgt Kelly produced nine mobile phones found on the person of the accused, his driver and in their car.

Following the production of this evidence by Sgt Kelly, Judge Aylmer dismissed the jurors and adjourned the trial until the following day.

By the time the trial resumed in the afternoon, state prosecutor Frank Martin told the circuit court there had been “developments” and that Pupsys was to be re-arraigned on a single count under section 17 of the misuse of drugs act.

When the charge of cultivating the plant of the genus cannabis without a licence on dates between February 27, and March 4, 2021, at 22 The Park, Riverside, Drogheda was put to Raimondas Pupsys and he was asked how he wanted to plea he said: “Guilty.”

The prosecution’s counsel said, after Pupsys pleaded guilty to the “principle charge” in relation to the property in Drogheda, the state would issue a nolle prosequi (do not prosecute) on the remaining charges.

Turning to the jury, Judge John Aylmer explained how the defendant’s change of plea meant they were no longer needed. He thanked them and excused them from jury duty for the next three years.

Mr Martin BL said the prosecution objected to continuing bail for Pupsys “because he is considered a flight risk” and Judge Aylmer mused that the “presumption of innocence is now gone”.

Defence counsel James McGowan BL pointed out, however, that Pupsys was on bail since 2021 and gardaí had held his travel documents since then.

In the end, Judge Aylmer granted consent for Pupsys to be remanded on continuing bail until he returns to be sentenced at the next sittings of Cavan Circuit Court in February.