'It's only a bit of smoke' - Waterford Man guilty after being caught dropping package of cocaine by Garda
The cocaine was wrapped in black plastic.
A Waterford man has been found guilty of possession of cocaine with intent to sell after a two day trial.
Stephen Foley (32) of Hazel Terrace, Waterford, had pleaded not guilty to two charges; possession of cocaine contrary to Section 3 of the Misuse of Drugs Act and possession of cocaine with intent to sell or supply, contrary to Section 15.
At Waterford Circuit Court, a jury of 4 women and 8 men heard evidence from several members of An Garda Síochána.
The court heard how on the evening of January 31, 2023, members of the Waterford Drug Unit carried out a search warrant at an address in Lisduggan after obtaining a warrant from peace commissioner Tom Cullen.
A Garda officer was searching a shed on the outside of the property when he saw Foley travelling on Elm Terrace on an electric scooter.
The officer observed Foley drop a small package wrapped in black lining behind his foot, in an attempt to conceal the drop.
The Garda cautioned Foley and as he approached him, Foley said "It's just a bit of smoke", referring to the package.
The Garda searched Foley and took his details, initially suspecting that the package contained cannabis.
The package was inspected by another member of Gardaí and was sent to Forensic Science Ireland for analysis. The substance was positively identified as cocaine.
According to one officer, the cocaine weighed 8.396 grams and was valued at just under €600.
Foley was arrested by appointed a month after the incident.
Defence Counsel Tom Giles Kelly BL, asked a Garda witness if that was the usual procedure for a person suspected of possession. Mr Kelly put it to the witness that he was mistaken in seeing Foley drop an item. The witness rejected that assertion.
The jury were in deliberation for roughly two hours over two days.
When they returned a unanimous verdict, Foley was kept in custody and sentenced shortly afterwards.
Judge Eugene O'Kelly imposed a sentence of two and half years in prison, with the final 18 months suspended.
The Court heard that the defendant had 26 previous convictions, mainly for road traffic offences.
