Double jeopardy, as Derry man caught with drugs in Inishowen avoids criminal conviction

A Derry man caught with a small quantity of cocaine in Inishowen has avoided a criminal conviction for drugs after a judge ruled that an already-paid charitable donation was sufficient punishment.

Caolan McBrearty, of 28 Dove Gardens, Derry, pleaded guilty to a charge of possession of drugs contrary to Section 3 of the Misuse of Drugs Act at Buncrana District Court.

Defence solicitor Rory O’Brien argued that it was unfair that his 25-year-old client had been summonsed again, having already appeared in court in July.

“This gentleman has already appeared before the court arising out of the same set of facts. He pleaded guilty to a public order incident and was asked to make a donation to a charity, which he has done.”

Mr O’Brien said Mr McBrearty would be entering another guilty plea; however, he urged Judge Emile Daly to be as lenient as possible in the circumstances.

“This [drugs possession] summons now appears because the FSI certificate hadn’t been provided at the time. This should have been included and should not have been untethered [from the public order case].”

“There will be a plea to the charge, but I’d ask the court to consider extending the previous charitable donation of €200 to cover this offence too,” Mr O’Brien added.

Sergeant Conor Mulkerns explained how the cocaine was found after Mr McBrearty was searched at Buncrana Garda Station following his arrest for a public order incident on Sunday, June 16, 2024.

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Judge Daly said the guards should have ensured that all charges were kept together in the matter.

Sgt Mulkerns accepted that the charges should have been linked, rather than separated on two different summonses.

Judge Daly then struck out the drugs possession charge, deeming that the previous penalty that was applied, a charitable donation, would now extend to cover the new charge.

She also granted Legal Aid to Mr O'Brien, after being informed that Mr McBrearty was “a suitable candidate”.