Man who bought discounted drugs has dealing charge dismissed at Waterford District Court
The defendant successfully argued that the drugs were bought by him to be shared with his housemates. Stock Image.
A man who bought drugs at a discounted price has had his charge of dealing dismissed at Waterford District Court.
Danils Reuckis (23) of 31 Cathal Buragh St, Waterford was before Judge John Brennan at Waterford District Court, charged with possession of drugs and possession of drugs with the intent to sell or supply contrary to Sections 3 and 15 of the Misuse of Drugs Act 1977, at his home on June 30, 2024.
Mr Reuckis admitted having the drugs but denied they were for sale.
Garda Fiona Quirke of Waterford Garda Station told the court she was present when the search warrant was executed on the defendant’s home.
She entered the front door, identified herself and asked if there were any drugs on the property.
The defendant told the court that there was cannabis in the bedroom.
Gardai seized the drugs, a phone and some money.
The defendant made no comment other than to say: “The cannabis is mine, that is all I am saying.”
The court was told the value of the cannabis seized was €1,640.
Acting for the defendant, solicitor Hilary Delahunty put it to the garda witness that his client was not the only one living in the house.
He said it was their position that the cannabis was not for sale but to be distributed among his housemates.
Garda Quirke said that while there were three people in the house during the search, it was her understanding that only the defendant was a permanent resident.
Of the others, one gave a different address, and the other was visiting from abroad.
Mr Delahunty said that while the garda’s valuation of the drugs was high, his client had paid considerably less, having been “hooked up” by someone he knew.
The garda disagreed that it was a realistic explanation.
Mr Delahunty put it to Garda Quirke that no evidence of dealing was found on the phone and while a digital weighing scales was found, there were no baggies.
The garda said they were unable to access the phone, and while there were no baggies, there was clingfilm in the kitchen.
She said in her experience, that was a common substitute.
The defendant told the court that there were four people living in the house.
He said that while he bought the drugs, he did so to split it among his housemates and paid €300 to €350.
Mr Delahunty put it to him that there was a lot of cannabis.
“It was but for that price, it would be stupid not to take it,” said Mr Reuckis.
The court was told the defendant was 22 years old, with one son, and was not working.
Mr Delahunty asked his client what he would say to convince the judge that he was not dealing drugs.
The defendant responded: “I know it doesn’t look good because of the amount, but from the bottom of my heart, I was just trying to have fun with my friends.”
He said he knew he shouldn’t have the drugs at all, but was genuinely confused when he was charged with possession for sale or supply.
Inspector Doyle asked the defendant if he intended to give the drugs to anyone else, to which the defendant said only those in the house.
He said the intention was for them to “all smoke together.”
Judge Brennan asked what the weighing scales were used for, and the defendant responded that it was for keeping track of how much he smoked.
Judge Brennan dismissed the sale or supply charge but convicted the defendant of possession of the drugs.
The judge said that he had listened carefully to the evidence given by both the defendant and the garda.
He said he accepted that the defendant bought the drugs at a discounted price and that there was no baggies were found on the property.
He acknowledged the garda’s opinion that those could be substituted for clingfilm, but as it is a common household product, its presence in the kitchen was not unusual.
He said the weighing scales were only small, and no other evidence of dealing was found.
Therefore, on balance of probability, he was confident the drugs were not intended for sale or supply.
Mr Delahunty pointed out that as this was his first offence under Section 3 of the Act, the court was limited to imposing a fine.
The judge noted that the defendant had lost his job because his “performance was not up to scratch,” and said: “He seems to be off the rails, I must say.”
He fined the defendant €700 and gave him seven months to pay.
As the Section 15 charge was dismissed, the gardaí must return the cash seized from the property and, the judge ordered the drugs to be destroyed.
