Jail term for man who found drugs under bush

A MAN who took €43,000 worth of cannabis that he found under a bush has been sentenced to two years in prison.

Dublin Circuit Criminal Court heard last Thursday, 9 October, that Govonor Ogbonnaya (27) of Castle Park, Graiguecullen, Co Carlow pleaded guilty to possession of drugs for sale or supply at an address in the Tallaght area of Dublin on 20 October 2020.

He has a number of previous convictions, 52 of which are for theft.

Passing sentence, Judge Martin Nolan said: “This defendant thought he was very lucky when he found these drugs. He then took them.” Judge Nolan said the defendant made himself known to the gardaí when the occupier of the house was arrested.

The judge added: “There is good mitigation in this case, which allows me to depart from the ten-year mandatory minimum.” He outlined that this defendant took responsibility for the drugs when the gardaí had no way of connecting him to the drugs.

Judge Nolan said: “Undoubtedly, he deserves a custodial sentence”, and sentenced Mr Ogbonnaya to two years in prison, backdated to when he went into custody.

The court heard that gardaí obtained a search warrant for a home in Tallaght. During the search, ‘cutoffs’ and ‘baggies’ were located in the house, along with 26.6g of cannabis. A side lane beside the house was also searched, and gardaí could smell cannabis and found two bags which had been placed on wheelie bins at the house next door. 2,067g of cannabis was found in these bags.

The court heard that the owner of the house was arrested, and while being placed in the garda car Mr Ogbonnaya presented himself to the gardaí and took responsibility for the drugs. He told gardaí that he saw someone storing the drugs under a bush, and he took them. He said he had not made up his mind about what he was going to do with the drugs.

The drugs were sent to Forensic Science Ireland, where they were analysed and tested positive for cannabis. A total value of €43,854 worth of cannabis was seized.

A local garda agreed with John Moher BL, defending, that his client was a good sportsman in the past and that he admitted to the ownership of the drugs at the scene and in the garda station. The garda agreed with counsel that if it had not been for his client’s admission, there would have been no case against him.

Mr Moher said his client became addicted to crack cocaine, and 52 of his previous convictions were for theft to feed his drug habit.

Counsel said his client has no trapping of wealth and had been homeless for a period.

He said his client understood that this matter was quite serious and that it would have a serious impact on his life going forward.

He asked the court to take into account that Mr Ogbonnaya did not want this life and wanted to put this behind him.