Three Galway drug cases struck out due to legal hitch

Three potential convictions for possession of harmful drugs were struck out by the State, due to an anomaly in the current status of the substances, at Galway District Court.

Emergency legislation had to be introduced following a decision last week by the Court of Appeal regarding a challenge to the Misuse of Drugs Act 1977.

The case dealt with the powers of the Government to control substances which are harmful to human health under Section 2 (2) of the Act.

This affected the possession of certain newer psychoactive substances which have been added to the Misuse of Drugs Act 1977 by successive governments, but did not affect the legality of so-called ‘older drugs’ such as cannabis, cocaine, or heroin.

However, it has always remained an offence to offer these psychoactive substances for sale or supply.

At Galway District Court last Wednesday, three young men had matters struck out, on instructions from the Director of Public Prosecutions.

Alan Creaven (22), of 65 Gleann Rua, Renmore, had the first of his charges struck out for possession of ecstasy, while the State proceeded with the second, for cannabis, and only gave evidence in this regard.

His home was the subject of a search warrant by Gardaí on the evening of July 19 last year. He was found in possession of cannabis, which had a street value of €50.

Judge Mary Fahy remarked to the student that this was a large amount to have for his own use.

“When it involves more than the nominal amount, I adjourn it to see if I can deal with it other than with a conviction,” she told the defendant, and put the matter back to October 19 for preparation of a Garda Behaviour Report.

“You must keep your nose clean,” she warned him.

Another man (24) had his summons, for being in possession of a party drug at Galway Garda Station on February 16 last year, withdrawn on the instructions of the DPP. He was granted free legal aid.

A third defendant had a summons struck out for possession of the same drug at Bridge Street on the same date as the previous defendant. A second matter, for possession of cocaine, was adjourned to May 28 for a special sitting of Galway District Court.

The State successfully defended the Misuse of Drugs Act 1977 in the original High Court hearing in March 2014. The matter was appealed to the Court of Appeal, and the Government made preparations for a possible negative outcome.

This included the preparation of emergency legislation to be drafted in the event of a negative outcome for the State. Minister for Health, Leo Varadkar, introduced this legislation in the Dáil last week.