A 32 year old man who contested a charge of obstructing a Garda during a drugs search at his bedsit, on the grounds that the wrong address was on the charge sheet before the court, has been convicted at Dundalk district court.
Judge Eirinn McKiernan heard that no drugs were found at the premises.
The court heard last Wednesday how gardaí had executed a search warrant obtained under the Misuse of Drugs Act at an apartment at Failte House, Avenue Road, Dundalk shortly before 8pm on May 30th last year.
One garda gave evidence that the defendant had stood in front of a cupboard and had refused to move.
He was informed he was going to be arrested for obstructing the search and as he went to place handcuffs on him, he said the defendant became aggressive and struck his head in the direction of another garda and continued to drive his head towards that officer before he was restrained on the floor.
The second garda told the court the defendant had been asked by his colleague to step away from a cabinet he was in front of and he too had attempted to persuade him to move, but he motioned his head towards him in an aggressive manner.
The defence solicitor argued that the address of Failte House is on the Dublin Road, however, the first guard to give evidence, said that the B&B is on the Dublin Road, but the adjoining apartments can only be accessed from the Avenue Road.
Karl McDonnell claimed he had been dragged around the place, and said he’d been told to stand at the wardrobe. Photos of alleged bruising were handed into the court. He claimed he told the Garda in charge of persons in custody at Dundalk Garda Station that he had injuries and the court heard the custody record had noted that his wrist was sore.
The court heard that no complaint had been made to An Garda Síochána Ombudsman Commission.
Judge Eirinn McKiernan convicted Mr. McDonnell of obstruction and imposed a €300 fine, which she said he could appeal on his own bond of €300 euro and an independent surety of €300 euro.
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