Six day trial sees Dublin man guilty of drugs offences
A 32-year-old man has been found guilty of possessing cocaine and cannabis valued at over €6,500, following a six day trial at the October sittings of Monaghan Circuit Criminal Court.
Jason Smithers, a native of Swords, Co Dublin, and with addresses at Lower Main Street, Ballybay and “no fixed abode”, who formerly lived at Ard na Lurgan, Castleblayney, denied charges relating to drugs found following a high-speed Garda chase, and at his Ballybay address later the same day.
The defendant’s arrest came after the van he was driving crashed at Castleblayney while trying to evade a Garda car in the early hours of September 5, 2019. When gardaí later entered the house Smithers was living in at in Ballybay they found quantities of cocaine valued at €4002.60 and cannabis herb with a street value of over €2,532.
The incidents resulted in eight counts, beginning with a charge of possessing cannabis herb at Castleblayney Garda Station, and with a further seven counts relating to items found at the Ballybay house. These included possession of cannabis herb, and for sale and supply; possession of cocaine for own use and for sale and supply; possession of 15 clonazepam tablets worth €15, also for sale and supply; and finally, possession of a firearm in the form of a starter pistol found beneath a bed.
The case took up by far the greater portion of the two-week Circuit Court session, with over two days spent in legal argument over the admissibility of phone evidence even before the jury of eight men and four women even took their seats.
Judge John Aylmer ultimately ruled that material on the phone, which gardaí found in Smithers’ van, could be used, and there was no unfairness or breach of procedure in how it had been procured.
Detective Garda Paul Smith confirmed to Frank Martin BL, prosecuting, that he had been on patrol with Gda Aidan Maguire when they followed a VW Caddy van seen parked near Ballybay Community College but had driven off at high speed as their patrol car approached.
After a chase through townlands including Cooltrimegish, Tullyskerry and Drumcrew, the van crashed into a fence at Conabury, Castleblayney, and the two officers had to open its driver’s door by smashing a window. Smithers was arrested at that point under suspicion of dangerous driving.
Det Gda Smith said there was a strong smell of cannabis from the 03-registered van. When asked if he had any cannabis on him, the accused said he had some in his pocket. He also admitted smoking cannabis the night before.
Smithers was taken to Castleblayney Garda Station, arriving at 3.20am, where cannabis in a red plastic bag, a grinder, tobacco with some cannabis mixed through it, and €21 in cash, was discovered.
Smithers requested gardaí retrieve his phone from his crashed van - a black Samsung with a cracked screen. Gda Maguire brought the phone to the station, where he handed it to Det Gda Smith in the defendant’s presence.
Smithers confirmed the phone was his, and when asked for its PIN code, gave it. The phone was seized, and found to contain Facebook messages including conversations with various third parties appearing to make inquiries about “white” or “green”.
It was put to the Garda witness by defence barrister James McGowan SC (instructed by Roisin Courtney, solicitor, with Sara Brennan BL) that Smithers was not very cooperative at any time, having had to be chased at speed, taken out of his vehicle, and then refusing to give a sample. Det Gda Smith was then asked if he were expecting the jury, therefore, to believe the defendant had simply asked that his phone be retrieved before voluntarily revealing its PIN code. The garda insisted that was what happened.
Sergeant John Merrick gave evidence in relation to the search of the Ballybay address on foot of a warrant. He and colleagues searched it on September 5, 2019; which was about 10 hours after Smithers’ arrest. They effected entry by opening a steel door on a lean-to shed at the rear. This had been sealed from the inside with a pair of vice-grips, but the actual rear door of the house itself wasn’t locked.
The sergeant, then a garda, noticed a very strong smell of cannabis upon entry, with cannabis found in a black bin-liner bag, while the cocaine, was also in bags.
A small quantity of plastic “deal bags” was found behind a cushion on a couch, while two sets of digital weighing scales, €100 and £100Stg in cash, and a bag containing 15 orange tablets were uncovered too.
The pistol was located under a bed upstairs. In answer to Judge Aylmer, the garda described this as a “starter pistol” that could be adapted, if desired, as a firearm.
Copies of photographs of the various items seized were distributed to the jury.
Mr McGowan put it to the witness that he had no real difficulty in gaining entry once the steel door was opened, with the sergeant conceding any individual could have gotten in, had they wanted.
Other gardaí involved in the Ballybay raid also gave evidence, while Detective Sergeant Oliver Flaherty gave details of how a decoding app known as ‘Cellebrite’ forensically analysed the black Samsung Galaxy phone.
Among the files found was a video Smithers had taken two days prior. This showed the accused pointing behind him to what he described as “a bowl of marijuana”.
Messages meanwhile suggested a reluctance on the part of the Samsung phone’s owner to facilitate those enquiring about certain substances on credit or “tick”, or before paying in cash.
“Well man, you have green?”, “Story boss, still have white?”, “Can you bring that up to me? I have money for you”, “I’m not paying for baking soda” and, “Well Smithie, any chance of a tick?”
Replies from the phone’s owner, which the prosecution insist was Smither’s, included, “I don’t yet lad; have to sort it today”, “Don’t move yet, the cops are tipping about here like mad”, “Cash, lad”, and “Just owed too much.”
Sgt Merrick confirmed his interpretation of “white” and “green” as being terms for cocaine and cannabis respectively.
The sergeant gave evidence in relation to interviews with the defendant following his arrest.
It was revealed Smithers denied the phone gardaí were looking at was his, and the only substance he admitted ownership of was cannabis found in the van, he said was worth less than €100.
Regarding items found at in the Ballybay property, Smithers maintained the only things he knew about were the weighing scales, cash and the imitation handgun. His explanation about the gun was he found it in his van and put it under the bed.
He denied knowing anything about the quantities of cocaine or cannabis, stating they were “planted”, and alleging: “I have always been wrongfully done.”
He insisted he didn’t sell drugs, and that, being from Dublin, he wasn’t stupid enough to get involved in that activity as he knew people were getting killed. He only smoked small amounts of cannabis, adding “I don’t do cocaine.”
Under cross-examination from Mr McGowan, Sgt Merrick conceded no enquiries were made from Vodafone or any other service provider as to the ownership or identity of the person whose SIM card was extracted from the phone.
Closing for the prosecution, Mr Martin told jury members the facts were “crystal clear”. There had been a lot of cross-examination about how the phone came to be in the station, but that was irrelevant because it was known to be the defendant’s and had been unlocked.
A video on the phone clearly showed the accused referring to marijuana.
Various messages also appeared to refer to trade in drugs.
“A person with €6.5k of drugs is not using them for personal use,” Mr Martin contended.
For the defence, Mr McGowan SC stressed the presumption of innocence - also highlighted by Judge Aylmer in his subsequent charge to the jury - and the requirement that jurors had to be satisfied beyond all reasonable doubt before finding his client guilty on any charge.
Counsel said it was quite clear the phone was a central piece of evidence, and underlined how his client had denied it was his phone, and there had been nothing in Det Gda Smith’s contemporaneous notebook about the PIN number being offered voluntarily. It was only four and half years later Det Gda Smith had submitted additional evidence in this regard.
Regarding the Ballybay address, Mr McGowan noted there was no proof, in the form of a lease agreement, that his client was indeed the tenant. He wasn’t there when it was searched, and it appeared anybody could have gotten in.
“In all the circumstances I have to put to you that you should have a reasonable doubt,” Mr McGowan stated.
After deliberating for just over an hour the jury however found the defendant guilty on each count relating to the possession of drugs.
The only charge Smithers was found not guilty on was of possessing the firearm.
Mr McGowan asked that sentencing be adjourned to the January sittings.
* This article was published with support from the Court Reporting Scheme