Three months’ prison for obstructing gardai in drugs bust

A CLARE man with a “history of significant involvement in the drugs trade” has received a three-month prison sentence.

At Ennis District Court, Judge Mary Larkin imposed the sentence on Martin O’Brien (41) for obstructing a garda during a search of house in Sixmilebridge last year.

O’Brien, a father of six with an address at the Bungalow, Wood Road, Kilrush, pleaded not guilty to obstruction and another charge arising from a money-laundering related offence.

Both charges relate to a garda search of a house in Sixmilebridge on February 11, 2021.

The court heard members of the Clare garda divisional drugs unit, supported by the armed support unit, executed a warrant at the property. O’Brien told gardaí he was present at the house to buy a car for his daughter.

After a hearing of the case, Judge Larkin said she was satisfied beyond reasonable doubt O’Brien had obstructed a garda during the exercise of his duty.

Judge Larkin said she was satisfied the €1,995 seized during the search was the proceeds of criminal conduct.

She noted that O’Brien has 49 previous convictions, including five for the sale or supply of drugs and remarked, “I see here an element of recidivism that I find, I can’t really ignore.”

“It follows a history of significant involvement in the drugs trade,” the judge added.

In evidence, Sergeant Denis Stack said he was attached to the drugs unit when the search in Sixmilebridge was carried out last February.

Sergeant Stack said when he entered the property, Martin O’Brien obstructed him from going into the kitchen and he and the accused got into a “tussle” and fell on the ground.

Defence counsel Reginald Garrett BL, objected to the sergeant’s evidence about a tussle, saying there was no mention of it in the statements disclosed to the defence prior to the case.

Judge Larkin refused counsel’s application for a dismissal and said it was open to the defence to test the State’s evidence.

Garda Cathal Reilly attended the search and said two other men, apart from Martin O’Brien, were also in the house on the night.

Garda Reilly said he saw one of the men throw a quantity of suspected drugs into the fire causing it to “explode” and leading to the curtains catching fire.

The garda said weighing scales, plastic bags, cling film and other evidence associated with drug dealing were found during the search.

Garda Reilly said €1,995 in cash was found concealed in the case of a lamp. The court heard Martin O’Brien was not charged with any drug related offence.

O’Brien gave a volountary cautioned memo to gardaí at Ennis garda station in which he said he could “prove” he owned the money.

Garda Reilly told the court O’Brien said the money belonged to his family.

The court heard O’Brien told gardaí he had received a phone call about a car for sale and he had gone to Sixmilebridge to buy the car for his daughter.

Asked by gardaí who rang him about the car, O’Brien said, “God himself”.

In sentencing, Judge Larkin said, “I cannot ignore the paraphernalia and the conduct of the parties. I have to say it defies credibility that the parties were engaged in the buying or selling of a car given the way they conducted themselves.”

Mr Garrett said his client maintains his innocence and he had nothing to say in mitigation.

Judge Larkin imposed a three-month sentence for obstruction and a three-month suspended sentence for the money-laundering offence.

Judge Larkin set recognisances in the event of an appeal.