This article is from page 54 of the 2013-11-26 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 54 JPG
A DISTRICT Court Judge said he was sending a message to the people of Kilrush and County Clare when he sentenced a 19-year-old to three months in prison.
Alan Clohessy, 9A Willow Green, Kilrush pleaded guilty to impeding or obstructing a member of Garda Síochana when he ran into his home and locked the door on June 26 of this year, as Gardaí attempted to serve a search warrant.
Judge Patrick Durcan dismissed a charge of drug possession under Section 27 of the Misuse of Drugs Act against Mr Clohessy, despite the defendant pleading guilty to the charge.
At the district court hearing in Kilrush on Tuesday last Mr Clohessy told the court, “I don’t smoke cannabis, that is the truth of it, but I am taking the blame for it. I am pleading guilty for it.”
In his summation Judge Durcan said he could not convict a man who admitted unopposed that he did not smoke the drug, stating he found “this the most bizarre case both in terms of the prosecution and of its defence.”
The judge convicted the defendant on the second charge relating to what he described as “a very ugly scene” as gardaí kicked down the door of Mr Clohessy’s home after they were refused entrance.
“I have no hesitation in saying this man should be penalised and penalised severely,” he said.
“The message has to go out to the people of Kilrush and the people of County Clare that if gardaí are obstructed while they are carrying out an order they will be penalised se- verely.” In his evidence to the court Garda Paul Madden described that he observed the defendant on a pedal bike as he went to serve the search warrant.
Mr Clohessy then cycled to his house, abandoned the bicycle in the drive and ran inside closing the door, he said.
The gardaí were refused entry to the house, so opened the door by force, namely kicking it.
They went up stairs and discovered four cannabis joints in a bedroom.
A garda at the back of the house also observed “something” being thrown from the window, that was not found by gardaí afterwards.
“He along with other members of the family were very uncooperative and had to be retired,” said the garda of the defendant.
Solicitor for the defence Michael Ryan said he understood it was the butts of the cigarettes that were found in the room rather than joints.
He said his client had no previous convictions, was unemployed and regretted the matter.
Mr Clohessy was sentenced to three months in prison and given right to appeal.