Man walks free after DPP directs drug charges against him be struck out

A 47-year-old Cork man has become the latest person to benefit from a recent court case which deemed the possession of certain synthetic drugs to be no longer illegal.

Mark Burke was charged with possession and possession for sale or supply of €50,000 worth of ecstasy at Kilmurry North, Berrings, Co Cork, on December 5th last. But today at Macroom District Court, Insp Jerry Lacey said the DPP had directed that the charges be struck out against Mr Burke of Kilmurry North, Berrings, Co Cork.

Judge James McNulty noted the State application and duly struck out the charges against Mr Burke who had first appeared in court on the charges in December.

The State’s decision to strike out the charges against Mr Burke follows a ruling earlier this month in the Court of Appeal regarding certain synthetic drugs.

The State had successfully defended a challenge to the Misuse of Drugs Act 1997 by an accused person, Stanislav Bederev, for possession for sale or supply of methylethcathinone.

The Court of Appeal ruled that subsection 2 (2) of the Act, dealing with the power of the Government to control substances harmful to human health was unconstitutional.

The Government moved to remedy the situation, rushing through the Misuse of Drugs (Amendment) 2015 Bill with the co-operation of the Opposition to close off the loophole.

Today Mr Burke’s solicitor, Daithí Ó Donnabháin told Judge McNulty there was an associated matter relating to the seizure of a Volvo car and he wanted to put gardaí on notice of this.

But Judge McNulty noted that the car was being held by gardaí in Cork city and he said it was a matter that should be raised by way of a police property application at Cork District Court.