Buncrana man (64) had cannabis stashed in his kitchen press when gardai came calling

A Buncrana man, who had cannabis stashed in his kitchen cupboard when the guards searched his home, will avoid a conviction for drugs if he makes a donation to a local charity.

Fergal Pleimean, of 1 Earlsfort, Cockhill Road, Buncrana, pleaded guilty to a charge of possession of cannabis contrary to Section 3 of the Misuse of Drugs Act at Buncrana District Court.

The court heard that the 64-year-old had the cannabis, which was valued at €40, for his own personal use.

Prosecuting the case, Sergeant Conor Mulkerns explained how on June 16, 2023, gardai executed a search warrant under Section 26 of the Misuse of Drugs Act at Mr Pleimean’s Earlsfort residence.

Officers searched the premises and spoke with the occupant. During the course of the search, Mr Pleimean took gardai into the kitchen, where he had two grammes of suspected cannabis, which was located in a press.

After caution, Mr Pleimean made an admission that he owned the cannabis.

Sgt Mulkerns said a PDT test [Presumptive Drug Testing] was later completed on the substance and it came back positive for cannabis, with a value of €40.

He outlined how Mr Pleimean has previous convictions for drink driving and driving under the influence of drugs.

Defending the case, solicitor Rory O’Brien said his defendant has no previous for possession of drugs.

However, Judge Deirdre Gearty pointed out how “there were substances involved” in his past record of offences.

Mr O’Brien replied: “I appreciate that, but I’d ask the court to make that legal distinction. He has no previous for this type of offence [possession].”

The solicitor said the value of cannabis was “very much on the low side” and his client was fully cooperative with the authorities.

“I appreciate it was PDT tested, but it wasn’t forensically tested, which could have resulted in a lesser amount.”

“Mr Pleimean is in court. He had the cannabis for his own personal use. He cooperated fully with An Garda Siochana. There was no hiding away from it, nor an attempt to conceal things. When the search had to be conducted, he led the guards right to it.”

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Mr O’Brien said his client is nearing retirement age but intends to pursue education to help towards future employment opportunities.

“He tells me that he has engaged in further education at this point in his life. He’s on the cusp of retirement but not fully there yet.”

“He is fully committed to working and part of that is to complete educational programmes. Obviously, there’s a possibility that this [conviction] could have a negative impact in terms of Garda vetting, and any future professional appointments.”

Solicitor O’Brien then asked the court to consider allowing his client to make a donation to charity in lieu of a conviction for drugs, given all the circumstances.

Judge Gearty agreed and directed Mr Pleimean to pay €200 to iCARE, with the local autism charity having been suggested as an appropriate beneficiary by Sgt Mulkerns.

The judge pledged that she will apply the probation act if the sum is paid. She adjourned the case until October 9 for a receipt for payment to be produced.