Clare man with ‘friends in low places’ acquitted of drugs charge

A JURY has returned not guilty verdicts at the trial of a Ballyea man charged in connection with a €50,000 drugs seizure in Clare.

At Ennis circuit court, Benedict Brady (59) was found not guilty, by unanimous verdict, of the three charges against him.

The charges arose from a garda search carried out in a wooded area of the Carnelly house estate near Clarecastle in April 16, 2021. Cannabis worth just over €50,000 was recovered during the operation.

Mr Brady, with an address at Tiermaclane, Ballyea, pleaded not guilty to three charges: possession of cannabis; possession of cannabis for sale or supply; possession of cannabis for sale or supply at a time when the market value of the the drugs amounted to €13,000 or more.

Mr Brady was one of two men arrested at the time of the raid.

The other man, Paul Collopy (46), with an address at Gordon Drive, Cloughleigh, Ennis and originally from Limerick, pleaded guilty earlier in the week.

The jury heard Mr Brady admitted driving the car that brought himself and Mr Collopy to Carnelly. However he denied to gardaí any knowledge of the drugs and said he had gone to the area to check on a horse.

In his closing speech, defence barrister, Michael Collins SC, asked the jury to consider if Mr Brady, in the words of Garth Brooks, was a person with “friends in low places”.

He continued, “Maybe Mr Brady was used. Maybe he was a screen or a shield but the evidence in this case, I submit to you, is consistent with his innocence throughout.”

During the trial, the jury heard gardaí obtained a search warrant for the Carnelly House area. A quantity of cannabis worth just over €50,000 was discovered concealed in a tree in a wooded area.

Mr Brady and Mr Collopy were observed exiting a car that Mr Brady had driven to the area.

It was the prosecution’s case that this was a “joint enterprise” between Mr Brady and Mr Collopy.

In his closing speech to the jury, prosecuting counsel, Lorcan Connolly BL, said both men “were operating in concert in a sale and supply cannabis operation in Clare”.

Counsel said Mr Collopy was “caught red handed” with his hands on the cannabis. The prosecution alleged Mr Brady operated as a “lookout” on the day.

Counsel told the jury that they had heard evidence that items associated with drug dealing including a nutri-bullet, latex gloves, sealed jars and cling film were found during a search of the car.

Mr Brady denied any knowledge of the drugs and the items found hidden in the boot of the car.

The jury heard he told gardaí he went to Carnelly to check on a horse.

Mr Connolly asked, “Who goes looking for a horse, ladies and gentleman, with latex gloves?”

Counsel asked the jury to consider that in a 75-acre estate full of ditches, dikes and trees, what was the likelihood of the horse being found in close proximity to €50,000 worth of cannabis?

Counsel said, “I invite you to think the whole horse thing is a ruse. It is a cover. They (Brady and Collopy) were acting together. They were acting in concert….they were very much in a joint enterprise in this operation.”

In his speech to the jury, defence counsel Michael Collins SC, said the central aspect of the case was the concept of possession. Mr Collins said for a person to be found to meet the legal definition of possession, three concepts must exist.

Counsel said a person must have knowledge of the object they are alleged to be in possession of; the person must be in control of the object and the person must be aware they are in control of the object.

Mr Collins said there was no evidence Mr Brady knew drugs were stashed in Carnelly and no evidence he had been in control of the drugs.

Counsel said there is “no forensic evidence whatsoever to connect Mr Brady with these drugs”.

On the allegation of joint enterprise, counsel said there was no evidence Mr Brady had any agreement with Mr Collopy regarding drugs.

Mr Collins continued, “You cannot be in possession of anything you don’t know anything about.”

Counsel said his client told gardaí he went to Carnelly House to check on a horse and that he had done so on previous occasions.

He said Mr Brady told gardaí he “knew nothing whatsoever” about drugs in the wooded area.

Counsel asked the jury to consider that in his three garda interviews, Mr Brady admitted driving the car to Carnelly.

“Are these the reactions and demeanour of someone with something sinister to hide?” counsel asked.

The trial before Judge Francis Comerford was heard over four days at Ennis circuit court.

The state was represented by State Solicitor for County Clare, Aisling Casey and prosecuting counsel Lorcan Connolly BL.

Mr Brady was represented by solicitor Daragh Hassett who instructed Michael Collins SC and Pat Whyms BL.