Drugs conviction quashed on appeal

The Court of Criminal Appeal has quashed the conviction of a man who was sentenced to 12 years for possessing cannabis worth almost a quarter of a million euro.

The Director of Public Prosecutions will not seek a retrial of Stephen Kelly (44), Maiden Lane, New Ross, for the possession of cannabis resin with a street value of €245,000 more than eight years ago. The appeal court heard yesterday the drugs had since been destroyed.

He was sentenced to 12 years with six months suspended by Judge Alice Doyle in January 2010, having been found guilty by a Wexford Circuit Criminal Court jury of the possession of drugs on November 30th, 2005. He had pleaded not guilty.

The prosecution case was that Mr Kelly got into a van in which drugs were being transported to a nearby garage. He was allegedly observed assisting in moving the drugs from the back of the van into the boot of a parked car. He was later arrested.

Asked for directions
Mr Kelly said he was asked for directions and brought the driver of the van to a nearby house. He consistently told gardaí that he did not know what was in the van.

Presiding judge Mr Justice Adrian Hardiman said it was found that the jurors were not properly instructed as to what their duty was in regard to Mr Kelly’s claim of lack of knowledge and the court was not satisfied that a miscarriage of justice had not taken place. Mr Justice Hardiman said the court would grant Mr Kelly leave to appeal and quash the conviction.