This article is from page 4 of the 2006-08-01 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG
MR O’Brien’s solicitor, Pat Enright, said there was no evidence to connect his client to breaking the window. He said the State was “seeking to make up evidence.”
A number of witnesses told the court yesterday they did not remember what had happened on the night of the alleged assault.
The accused’s girlfriend, Samantha Dullaghan, said, “What was the point in me giving a statement when I didn’t see anything?”
Two others, Michael and Brigid Scully, said they could not recall what had happened, but they were not approached by the O’Briens, while Mr Kelleher’s wife tendered a doctor’s cert, saying she was suffering from anxiety and could not travel to court.
“A balance has to be reached between the rights and freedom of Mr O’Brien and the rights and freedom of Mr Kelleher. Mr Kelleher’s rights as a citizen, an injured party, a witness, are more important than the rights of liberty of Mr O’Brien,” said the inspector.
However, the solicitor said the State was attempting to impose a custodial sentence on his client, “when this case is a shambles, with no prospect of it seeing the light of day.”
Judge Joseph Mangan held with the State application, saying, “Without reservation, I accept and believe the evidence of each of the garda A FEAKLE man who grows his own marijuana plants says he shouldn’t be branded as a criminal for growing the herb.
Dennis Webb says he had a visit from gardaí recently, who cut the tops off 65 plants and confiscated them.
But Webb, who says he makes no secret of the fact that he has been growing the drug for 14 years, believes that homegrown “grass” should be legalised.
The gardaí arrived after the polytunnel in which Webb was growing the plants was exposed to view, following clearance of a neighbour’s land.
He was interviewed and cautioned but, as yet, no charges have been brought.
Webb says that he smokes the herb for medicinal as well as social purposes and has been asked for some by a local farming woman who suffers from a painful disease.
“I suffer from an incurable medical condition and I use herbal marijuana to help manage and control the symptoms.
“Without it, I will be prescribed three kinds of medication and antidepressants.”
The Feakle resident believes that the crime of growing the plants, “is a crime without a victim.
“If cultivation, possession and supwitnesses. The demeanour of the ci-
vilian witnesses I have heard today
and last Friday leaves me without a
scintilla of doubt that various wit-
nesses have been subjected to the
most serious, most sinister and most
massive intimidation, relating to the
charge before the court.
“I believe the removal of the ac-
cused from the place of the alleged
crime and his continued remand in
custody will help ameliorate the situ-
ation,” he added.
He said the case should be dealt
with as soon as possible and re-
manded the accused in custody for a
fortnight. ply of home-grown marijuana was decriminalised, its charisma as an illegal drug would go and it would remove the herb and the people who use it from the influences of drug dealers.”
And if growing marijuana were legal, it could even become a valuable crop for farmers, Webb argues.
“At current prices, an acre of herbal marijuana could yield between €2 million and €4 million. The product is labour-intensive and five people could be employed for each acre during the growing season with an extra 10 to 15 being taken on for the harvesting period.
“Even with a fall in price on decriminalisation and sellers margins, it would still be a very attractive crop which could be grown on marginal land without disrupting the usual farm business.”
The Feakle man added that he did not believe that smoking marijuana is particularly addictive.
A Garda source confirmed that following the raid at Webb’s home “the case is being processed.”
The source added that the “cultivation of marijuana plants is illegal.”