Man obstructed garda search for drugs
A MAN who was found guilty of obstructing gardai during the course of a drugs search had his initial sentence reduced after an appeal by the defendant's solicitor.
Thomas Kearney (49) was found guilty by Judge David McHugh at Blanchardstown District Court of obstruction under Section 23 of the Misuse of Drugs Act and was sentenced to five months in prison.
However, after Kearney's solicitor asked the Judge to reconsider the sentence as the defendant will lose his accommodation, Judge McHugh reduced the prison term to three months.
Kearney (49) of Mellowes Road, Finglas had pleaded not guilty to obstructing Garda Shane Guinan while being searched at Paddy Powers Bookmakers in Finglas on November 11, 2014.
Garda Guinan said he observed another man go into the bookmakers acting suspiciously and it appeared that the two men were involved in a drugs transaction.
Gda Guinan said Kearney looked agitated and put his hand to his mouth as if to swallow something. He said Kearney made a deliberate attempt to swallow.
Judge David McHugh said he found Kearney not to be a credible witness and said there was a "clear element of premeditation" between Kearney, who has 32 previous convictions, and the other man and convicted him.
"He told a pack of lies as far as I am concerned," Judge McHugh said.