Judge made his comment at Tullamore District Court
THE prosecution of a man accused of cultivating cannabis in Birr was adjourned again last week.
Michael Gallagher (28), Presentation Place, Birr is accused of cultivating cannabis at his address in Presentation Place on November 13 last year. He is also accused of possessing cannabis and having cannabis for sale or supply to others.
Sergeant James O'Sullivan told Tullamore District Court that the prosecuting garda had a “presumptive test” for the substance but is still awaiting a certificate from the forensic science laboratory.
Judge Andrew Cody said he did not regard a certificate as necessary because the accused would know what he had.
Donal Farrelly, defending solicitor, sought a short adjournment for that to be discussed with his client.
Judge Cody said the prosecution related to an alleged €260 worth of cannabis and it had been before the court on seven occasions.
“If your client believed he was growing tomatoes... it was one or the other. But he knows. You don't need the state laboratory to tell you what he was growing,” the judge told Mr Farrelly.
Judge Cody adjourned the prosecution to October 26 next when either a plea of guilty will be entered or a date will be fixed for a hearing.
When Mr Gallagher previously appeared in court a judge was told a suspected cannabis plant was found growing in a shed.
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