‘Smell of cannabis was coming from the car’ when gardai questioned the driver

A driver who had a small bag of cannabis hidden in his car when the guards searched it has been fined €250 in court.

Fearghal McLaughlin, of 24 Dunree Gardens, Creggan, was charged with possession of Drugs contrary to Section 3 of the Misuse of Drugs Act at Buncrana District Court.

The 29-year-old defendant did not turn up in court for the scheduled hearing, but Judge Deirdre Gearty ruled that the case could proceed in his absence after being shown proof that he was properly served.

“There’s no appearance by, or on behalf of, the defendant; I am satisfied that he has been notified and service is good.”

Garda Mark Flanagan was sworn in to testify in the matter.

He explained how on Saturday, December 2, 2023 at Lisfannon, Buncrana, he had been dealing with a road traffic matter, in which Fearghal McLaughlin was the driver of a white Vauxhall Insignia.

While speaking with Mr McLaughlin, Garda Flanagan detected a smell of cannabis coming from his vehicle.

At 2.45am, he informed Mr McLaughlin that he and his vehicle would be searched under Section 23 of the Misuse of Drugs Act.

Garda Flanagan said Mr McLaughlin then produced a small bag of cannabis from the centre console of the vehicle.

He was subsequently arrested for a road traffic matter and brought to Buncrana Garda Station, where a cautioned note was further taken.

A PDT test [Presumptive Drugs Testing] was carried out to prove that the substance was indeed cannabis – and Mr McLaughlin admitted that it was for his own use.

The value of the seized drugs was listed at €30.

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After hearing the evidence, Judge Gearty convicted the Derry man as charged, and she imposed a fine of €250, with a deadline of five months to pay.

The judge fixed recognisance at €100 cash, should Mr McLaughlin decide to come to court and appeal the outcome.