This article is from page 19 of the 2012-10-16 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 19 JPG
TWO men alleged to have been found with cannabis estimated to be worth € 13,000 have been sent forward for trial. Bryan Byrne (32) and Eoghan Phayer (35) both appeared at Ennis District Court on Wednesday.
Mr Byrne, with an address at 28 Hillcroft Close, Dublin Road, Limerick and Mr Phayer, with an address at Hill Road, Bunratty, Clare, are facing charges under the misuse of drugs act. It is alleged that on April 7 (2011) at Aharinaghmore, Kilmore, Clare they possessed cannabis for sale or supply and at the time the market value of the controlled drug amounted to € 13,000 or more.
They are also charged with having cannabis for sale or supply and cultivation of cannabis at the same location on the same date.
The case was adjourned until last Wednesday to allow Judge Patrick Durcan to consider the matter of jurisdiction. Defence solicitors for both accused had raised concerns over jurisdiction and the manner in which the charges were brought against their clients. Judge Durcan accepted jurisdiction. He said, “I am satisfied that I can make an order returning both men for a trial sitting in Ennis.”
Solicitor for Mr Byrne Oonagh Moylan said the State had brought charges against her client last Wednesday without notice.
She said, “The defendant has not been afforded fair procedure.” Ms Moylan said the State had not given any reason why charges were originally brought in Limerick and then later in Clare.
Judge Durcan said he was dealing with the case on the basis that the charge sheets were properly brought before him. Inspector Tom Kennedy told the court that the Director of Public Prosecutions had consented for both accused to be returned for trial to the current sittings of Ennis Circuit Criminal Court.
Detective Garda Alan Kelly gave evidence of having served the book of evidence on both accused. Legal aid was approved for a solicitor, a junior counsel and a senior counsel in respect of each man. Judge Durcan made the orders returning both men for trial. A 67 YEAR old man has appeared in court for allegedly indecently assaulting a young boy in Clare.
The 10 charges date from January 1979 to May 1981 and were allegedly committed in Clare. The man, who cannot be named for legal reasons, appeared at Ennis District Court on Wednesday. Detective Seargent Michael Moloney of Ennis Garda Station gave evidence of arrest, charge and caution.
He told the court that the accused made no reply to each of the 10 charges. Inspector Tom Kennedy said the matter would be proceeding on indictment.
The case was adjourned until November 14 for service of the book of evidence. Judge Patrick Durcan imposed reporting restrictions.