AN Englishman, a North of Ireland man and a man from the Republic were remanded in custody at a special sitting of Ennis District Court on Saturday night charged with unlawfully importing and possessing cannabis resin. They are to appear at the same court on Friday.
Before the court were Mr Kevin Lafferty (32), of Bunn, Culkenny, Malin, Co Donegal; Mr Desmond McElroy (32), of Dunfane Park, Ballymena, Co Antrim, and Mr Andrew Paul Kelly (31), of Boulton Point, Aston Hall Road, Aston, Birmingham.
They are each charged with unlawfully importing a controlled drug, cannabis resin, at Cappagh, Kilrush, Co Clare, on November 1st in contravention of the Misuse of Drugs regulations, 1988 and 1993. They were also charged with possessing cannabis resin on the same date and same place for the purpose of selling or otherwise supplying it to another in contravention of the Misuse of Drugs regulations, 1988 and 1993.
They were granted free legal aid and were assigned one junior counsel by Judge Joe Mangan on an application by Mr Gearoid Williams, solicitor.
Supt Gerry Kelly, Kilrush, prosecuting, opposed bail because of the gravity of the charges. He said more extensive inquiries are to be carried out inside and outside the jurisdiction.
Sgt Noel Kinsella, Kilrush, said he arrested Mr Lafferty at 6.15 pm. on Saturday, November 2nd, and charged him. After caution, he said he had nothing to say.
Sgt Kinsella arrested Mr McElroy at 6.23 p.m. at Moore Street, Kilrush. After caution, the defendant made no reply to the first charge and to the second, he said: "I know nothing about it."
A member of the Ennis Garda Drugs Unit, Det Garda John Madden, arrested Mr Kelly at 5.40 p.m. at Lower Abbey Street in Ennis on Saturday and charged him. When cautioned, the defendant made no reply to either off the charges.
Mr Williams solicitor applying for free legal aid on behalf of Mr Lafferty and Mr McElroy, told the court he understood they had no means and very little money in their possession. He said that without means they had to be represented and these were very serious charges and their liberty was at stake.
Mr Lafferty told the court he was married and separated and had one child. He lived at Bunn and his wife lived in Moville. He was unemployed and fishing was his normal source of income. The only money he had was £500. He had no other assets or means and no property. The last time he drew unemployment money was last March. When he was fishing his average income was about £300 per week. Asked by Supt Kelly how much money he had access to, Mr Lafferty replied: "Nothing". He said he had £8 in his possession when arrested.
Mr McElroy told the court he was married with five children. He was not quite separated and not quite living with his wife. He lived in Ballymena as a self employed steel erector. The last time he worked was about three months ago and he would make about £450 a week after tax. He had no assets or money and had no bank account or no property. He said he had no means to fund a defence.
He told the court he had gone to Gibraltar to take a boat home.
Mr Andrew Paul Kelly said he was unemployed at present and had been out of work for about two months. He was working as a plasterer and labourer and earned about £250 weekly after tax.
Mr Williams, applying for bail for Mr Lafferty and Mr McElroy, said in the case of Mr McElroy a relative would put up substantial bail. He was living in an area which was amenable to a warrant from this court. There was no reason to suspect he would not come back to face the charges.
The solicitor said Mr Lafferty was living in the State's jurisdiction and there was no reason to say he would not stand trial. Both these defendants were maintaining their innocence and intend to defend themselves fully.