Tipperary man found with cannabis in his room was ‘taken advantage of’

A Templemore man who was allegedly in possession of cannabis was taken advantage of, Thurles District Court has heard.

John Shoer, 34, of Roscrea Road, Templemore was charged with possession of cannabis at his home address on February 8, 2021.

Garda Robert O’Donovan gave evidence that he, and three other guards went to the defendant’s house to execute a search warrant on the date of the incident.

When they arrived, there were two males outside, and another put his head out of the window to get their attention.

The gardaí entered through the window, which led to one of the bedrooms.

The court heard that there were four people in the room, two men and two women.

The women were taken to the kitchen to be searched, while the men were searched in the bedroom.

During the search, Garda O’Donovan told the court he was made aware that another guard had found suspected drugs in the other bedroom.

The court heard the room belonged to John Shoer.

In the room, Garda O’Donovan was shown a plastic bag containing a brown substance, which he suspected of being heroin.

On the plate was what he believed to be cannabis.

A subsequent analysis confirmed both substances.

The plate was found under the wardrobe, and no other drug paraphernalia was found in the room.

INTERVIEW

Inspector James White asked Garda O’Donovan if it was “fair to say” the defendant had “adopted a silence” when he was interviewed following his arrest.

Garda O’Donovan told the court that Mr Shoer had answered some questions. He told the court that Mr Shoer said he was renting the room and did not recognise the drugs.

He told gardaí that the only drugs he takes are those prescribed to him by his doctor.

Acting on behalf of the defendant, Pádraig de Búrca BL asked Garda O’Donovan if Mr Shoer was a vulnerable adult.

Garda O’Donovan said he did not know the defendant well enough to say, and there was no evidence he was acting under the influence of another.

Mr de Búrca asked the guard if the plate had been analysed.

The guard told the court that the drugs had been removed from the plate as the forensic scientists do not test glass.

He also told the court that no pictures of the plate were taken.

He confirmed that while the defendant’s phone had been examined, no evidence of dealing was found.

The guard who had found the drugs confirmed that he had found the drugs under the wardrobe, and there was nobody in the room when he began searching it.

After he alerted the guard executing the warrant of what he found, he conducted a second search of the room.

He told the court that he had found no other drug- related items.

A female guard had been placed in charge of the two women and said she entered through a side door.

She conducted the search on the woman but did not find any drugs.

HEADLOCK

Mr Shoer told the court a different version of the incident than that recounted by the gardaí.

He told the court that while the three gardaí had entered the house through the window, they had dragged the second man out “in a headlock”.

One of the women left the room and that the gardaí were not watching them.

He said a fourth guard arrived half an hour later.

Mr Shoer acknowledged the drugs were found in his room but said they were not his.

“The drugs were found in my room, but they were put there by someone else,” said Mr Shoer.

Garda O’Donovan was recalled to the stand and asked if anyone had left the room when the gardaí entered.

He told the court:

“Nobody left the room at that stage.”

BABY ON BOARD

One of the women who was present during the search told the court that on the day of the incident there were drugs being sold from the room.

She, the defendant, another woman and another man were present, as well as a child.

When the gardaí entered the room, the second man shouted “grab” before being dragged out the window.

She said she assumed he meant the child, but the other woman had taken the drugs and left the room.

She said the guards took her, the second woman and the child to the kitchen, where they were searched, and she made arrangements for the child to be collected.

She told the court that the other woman had taken the drugs and hidden them in her underwear.

She said she did not believe she would be searched because she was pregnant.

The bag burst, and the second woman threw it under the wardrobe, the court heard.

The witness told the court, that while being searched, the woman told the supervising guard that the substance in her underwear was discharge from her pregnancy.

The witness said she did not know anything about a plate.

SUBMISSION

Mr de Búrca told Judge Elizabeth MacGrath that there was no evidence the drugs belonged to his client.

He said his client was a vulnerable adult who lives with schizophrenia and suffers from anxiety.

He said there was no evidence of wealth or drug dealing, and he had been “taken advantage of”>

He said while the witness’ evidence differed some, it broadly supported Mr Shoer’s version of events and the witness was credible.

It did differ from the guards’ evidence but that they had no evidence of the plate.

Inspector White acknowledged that no other drug related items were found in Mr Shoer’s room but disagreed that there was no evidence.

He said:

“It comes down to ‘it wasn’t me. It was your one who isn’t here’.”

He said that as there was no other witness present, the story could not be challenged or measured.

Judge Elizabeth MacGrath put the case back to January 17, 2024.