This article is from page 11 of the 2013-09-17 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 11 JPG
A DISTRICT Court judge told a defendant that while he sympathised with the fact he suffered from a condition whose symptoms included severe bouts of fatigue, he could not use the rare medical condition as an excuse to break the law.
Martin Haugh of Farrihy, Kilkee, suffers from Addison’s Disease.
On the morning of July 29, 2013, he was found lying in the foetal position on the grassy margins on the Miltown Malbay Road out of Kilkee by Garda John Cahill.
The court heard he was very intoxicated and the gardaí had difficulty getting him to stand. They took him into custody for his own safety.
A bag of cannabis resin worth an estimated € 40 was also found in Mr Haugh’s pocket.
Supt Seamus Nolan told the court that gardaí accepted this was for his own personal use.
The 24 year-old was charged with being intoxicated in a public place under Section 4 of the Criminal Justice (Public Order Act) 1994 and unlawful possession of a controlled drug – cannabis resin contrary to Section 3 and Section 27 (as amended by Section 6) of the Misuse of Drugs Act.
Pleading guilty to the charges, solicitor for the defendant Joe Chambers said his client suffered from “the top level” of Addison’s Disease and “one of the symptoms is he can be overcome by fatigue”.
He said Mr Haugh was out in Kilkee and was to stay with his brother. As he couldn’t get into his brother’s house he decided to walk home, got tired, and lay down on the side of the road. Mr Chambers told the court that his client uses cannabis on occasion to relieve the symptoms of his condition.
“It is not acceptable to the law, but science would accept it to get such relief,” he added.
“He is not a troublemaker. He lives at home with his family and can’t work because of his condition.”
He previously received the probation act from the court, because of his condition.
“I accept he suffers from the disease but I am forming the view that he is using it as an excuse. This is not an excuse to break public order or drug offences,” said residing judge Patrick Durcan.
“He is not a violent person by any means,” said Mr Chambers.
“Should the gardaí on this fine morning come along and poke him with a stick and say he was okay, the superintendent would be here with a team of counsel as part of an inquiry. Addison’s Disease or not your client must abide with the law,” said Judge Durcan.
The judge advised Mr Haugh to seek pain relief from a medical practitioner. He adjourned the case until March 18. THE CASE against a 19-year-old has been adjourned for a probation report, after he pleased guilty to obstructing a garda in the course of his duty and possession of cannabis at Kilrush District Court on Tuesday. The court heard that Alan Clohessy, of 9A Willow Green, Kilrush tried to evade a garda warrant on June 26, 2013 by running inside his house and locking the door. Supt Seamus Nolan told the court that gardaí forced their way into the defendant’s room, at which point he threw an object out the window. The object was not recovered. In the bedroom gardaí found four cannabis cigarette butt ends. Solicitor for the defence Gearóid Williams said that since the incident a bill of € 217 was issued for repair work on the door by Clare County Council.He told the court that Mr Clohessy lives at home with his brother, mother and her partner and is currently unemployed. Judge Patrick Durcan said while he has no issue dealing with the Section 6 offence [drug possession], the second charge was “a complete affront to gardaí and society.” “This is not just a drug matter but an offence against gardaí,” he said. Judge Durcan said he would take into consideration that the defendant had no previous convictions and he was “slow to hand out sentence that would have repercussions down the line.” He asked for a probation report and remanded Mr Clohessy on continuing bail until November 12.