Judge Sean MacBride.

Lithuanian imprisoned after cannabis factory discovery

A Lithuanian national who was caught in possession of cannabis with a street value of €12,000 during a search of his home has received a prison sentence when he appeared before court. Marius Burneika, 11 Eaglewood Manor, Belturbet, was sentenced to eight months for having the drug for sale or supply at Eaglewood Manor on February 12, 2011. Inspector Seamus Boyle told the court that gardai were carrying out searches of houses in the Belturbet area in connection with stolen property. When they called to the defendant's home they discovered 31 cannabis plants, heaters, and lights in a room where he was growing the cannabis. The value of the cannabis was €12,000 and he was very co-operative with the gardai. The defendant had no previous convictions. Damien Rudden, solicitor defending, said gardai were making enquiries into a non-related matter and the defendant allowed them into his home. He brought them to the room where the plants were. The defendant was a baker by trade. He purchased the equipment about five weeks before he was caught and put his hand up right away. The defendant bought a tent on the internet, chemicals in Belfast and pots at Clogher Market. Judge Sean MacBride stated, "This is what you call a factory." Continuing Mr Rudden said his client got information from the internet on how to grow cannabis. "He was going to use it for himself and maybe give some to his friends, but he was not going to sell it." The defendant was a 26 year-old Lithuanian national who had been living in Ireland for seven years. He was pleading guilty to a most serious offence and was contrite. The defendant was married and had dependants. Mr Burneika was willing to complete community service and have the "sword of Damocles" hanging over him, Mr Rudden added. Judge MacBride said the defendant had pleaded guilty to a very serious charge of having a drug for sale or supply. It was only discovered as gardai were conducting a search for stolen property. "They came across what can only be described as a cannabis factory." There were 31 plants, heaters and lights, and the street value of the drugs was €12,000. "This was no amateur effort on the defendant's behalf." He decided to set up this operation having purchased items on the internet, in Belfast and Clogher Market. The courts of this country take a serious view of the scourge of drugs and illegal narcotics, which are destroying Ireland, the judge added. They were leading to the total destruction of Irish society and in Dublin drug barons were continuing to reign in terror. Gardai were bringing them before the courts. "I would be utterly failing in my duty if I didn't send out a clear message to those who have drugs for sale or supply." In his view this case should have gone before a judge and jury in the circuit court. If the defendant had been convicted there he would have been give five years with three suspended and serve two. However, in the district court Judge MacBride was restricted to a 12 month sentence. It was a grave offence but he had to take into account that the defendant had no previous convictions. He co-operated with the gardai in the search, was married and had dependants. "It beggars belief that an intelligent man like you would have anything to do with drugs." The judge said there was no excuse for it and he had to impose a custodial sentence. Judge MacBride added that he would give a one-third reduction in the sentence for his plea and imposed an eight month sentence. Recognisance were fixed in the event of an appeal in the defendant's own cash bond of €5,000. If bail was taken up the defendant was to sign on every Saturday in Ballyconnell Garda Station between 9am and 9pm, having nothing to do with illegal drugs and not to associate with any drug or convicted criminals. Judge MacBride complemented the gardai for their work in the case and described it as "a serious find."