A judge at Waterford District Court recently struck out two cases of drug possession due to an administrative error.
Judge Mark O’Connell was presiding over a court sitting at the end of May when the cases were heard. One man had been charged for possession of €60 worth of cannabis for personal use, arising from a Garda search in Waterford city.
However, when the case was called, Judge O’Connell said he would have to strike out the matter due to the Garda summons reading ‘cannabis herb’ instead of ‘cannabis’ or ‘cannabis resin’. The judge indicated that the term ‘cannabis herb’ is not accounted for in drugs legislation in Ireland.
The error also arose in the next case that was called, involving a man charged with possession of cannabis with a value less than €5. The term ‘cannabis herb’ was also present on this summons. While Judge O’Connell said he would normally allow the state an opportunity to make an application to amend the error, he decided to strike out the case.
Representing the second man, solicitor Ken Cunningham said it was his client’s ‘lucky day.’
Funded by the Court Reporting Scheme
Robyn Power
