Offaly man who allowed cannabis smoking in his house denies using swear word to garda in court

A MAN convicted of allowing the smoking of cannabis at his house in Banagher denied a guard's claim that he called him a “p...k” in the courtroom at Tullamore District Court.

Garda David Treacy stated that Fabian Hand (26), 2 Main Street, Banagher, said “I'll see you again, you p...k” as he walked by him on his way out of the court after Judge Andrew Cody imposed a fine.

When Garda Treacy reported this to Judge Cody, Mr Hand said: “I never opened my mouth.”

Mr Hand said he was sorry if something was said but stated there was nothing said “about a p...k or anything like that”.

The exchange occurred after the court was told Mr Hand had previously entered a plea of guilty to knowingly permitting the smoking of cannabis at 2 Main Street, Banagher on April 28, 2021.

He also admitted obstructing Garda Treacy during the lawful exercise by the guard of power under the Misuse of Drugs Act.

Outlining what happened during a search at Mr Hand's address, Garda Treacy said the accused threw one phone into a fire and broke another in two halves.

Drugs worth €600 and €4,080 in cash were found in the house and Mr Hand's father-in-law took responsibility for it. The drugs and cash were seized by the gardai.

The garda said that while the accused had no prior convictions for drugs offences, he had made payments to the poor box on two occasions when he was previously prosecuted for possession of cannabis and a similar payment was made when he was accused of possession of drugs for sale or supply, along with possession of drugs.

Two men had been arrested for possessing drugs for sale or supply at the time Mr Hand was accused of allowing it to be smoked.

Mr Hand's solicitor said his client was a father of one who lived with his partner. His only previous convictions were for road traffic offences and the occasions where payments were made to the poor box related to a contested matter which had come before Athlone District Court in 2020.

A police property application will be made in relation to the money in circumstances where the accused's partner is saying she is the owner of the majority of it.

The court heard money had been set aside for a rent payment and his partner had also taken out a loan from a credit union.

The defendant's partner was in court with him and she was pregnant. The accused was working in a hotel which housed Ukrainian refugees and so was not a burden on the State.

The house where the offence occurred had been raided previously and because of that Mr Hand destroyed the phones out of frustration.

The solicitor told Judge Cody that was what happened, even though it was not a reasonable excuse.

“It's not a believable excuse either,” replied the judge.

Judge Cody imposed a fine of €500 on the obstruction charge and gave Mr Hand six months to pay it. The other charge was taken into consideration.

When Mr Hand was asked by his solicitor to apologise after the guard reported his comment to the judge, the accused said he was sorry but stated he had not said anything.

“Why would I say that? In the middle of a courtroom?” said Mr Hand.

Before the accused left the courtroom Judge Cody told him: “I'll give you a promise Mr Hand, if I see you again you'll remember it.”