independent

Tuesday 29 July 2014

Defendants had pliers, screwdrivers and baton

Published 30/12/2004|00:11

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Two cousins who were found with screwdrivers, pliers and a baton on their person found themselves before Judge Peter Smithwick at a special sitting of Carlow District Court at a special sitting of Carlow District Court last Monday. Patrick McMahon, Chatsworth, Clough, Castlecomer was charged with possession of drugs for sale or supply, two counts of the unlawful possession of d

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Two cousins who were found with screwdrivers, pliers and a baton on their person found themselves before Judge Peter Smithwick at a special sitting of Carlow District Court at a special sitting of Carlow District Court last Monday.

Patrick McMahon, Chatsworth, Clough, Castlecomer was charged with possession of drugs for sale or supply, two counts of the unlawful possession of drugs and possession of certain articles at Railway Road, Carlow on February 12 2004.

Keith McMahon, Newtown, Crettyard, Ballinlinan was charged with possession of certain articles at Railway Road on February 12.

Garda Anthony Farrell told the court he was on beat patrol when he observed the two youths. He asked one of the youths to empty his pockets and Patrick McMahon produced a black headed screwdriver and a baton from his pocket. Keith McMahon had a see through screwdriver and a pliers in his pocket.

On a further search of Patrick McMahon Garda Farrell found a brown substance and a bag of white powder.

In a cautioned statement Patrick McMahon said they had been to see his girlfriend who lived in the Laurels and then they went to see his sister who lived in Brewery.

He said they left there and had no money for a taxi and 'decided to take/steal an old car'. He told gardaí he was going to use the baton in his pocket to break the window of the car.

In his statement he told Garda Farrell that the bag of white powder contained breadsoda and between 25 to 30 crushed ecstasy tablets which he was 'going to sell to anyone I could'.

Garda Farrell said a drug analysis revealed the white powder to be MDMA commonly known as ecstasy while the brown substance was cannabis resin.

Keith McMahon in a cautioned statement said that his mind was 'blank' regarding the events and he didn't wish to make a statement.

Garda Farrell said that in a cautioned memo later that year Patrick McMahon said he had paid ?500 for the drugs and he had bought them to pay a ?1,200 court fine he had received at an earlier sitting of the court. He said the cannabis was for own personal use and he had paid ?30 for it.

Acting for both McMahon's solicitor Donal Maher told the court the drug analysis did not determine the actual MDMA content of the powder and he suggested there was only a minute amount of ecstasy in the powder.

He put it to Garda Farrell that Patrick McMahon was not actively involved in the drug scene but Garda Farrell said it was his information that Patrick McMahon was involved in the drug scene.

In his own evidence Patrick McMahon told the court he never intended to supply anyone with the drugs. He said he was taking the drugs himself 'I was taking it out of the bag and swallowing it'. He said he was now receiving drugs counselling and had further appointments in Kilkenny regarding his problem.

In his evidence Keith McMahon said he had found the screwdriver and the pliers at St. Leos College and had kept them. He said he couldn't remember making a statement and that Patrick McMahon had said they were going to steal a car not him.

The court heard Patrick McMahon had a previous conviction for the unauthorised taking of a motor vehicle and driving without insurance.

Mr. Maher said his client was a 19-year-old man who was in a relationship and who was taking serious steps to address his problems.

In relation to Keith McMahon Mr. Maher told the court his client was an 18-year-old man who had a recent conviction for possession of cannabis and the unauthorised taking of a vehicle. Mr. Maher said Keith McMahon has attention deficient hyperactive disorder and has caused his family considerable difficulty over the past year.

Judge Smithwick adjourned both cases until February 16 for a probation officers report regarding the youth's drug problems and to assess their suitability for a community service order of 100 hours in lieu of six months detention.

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