A 21-year-old Derry man who arrived at Strand Road Police Station to sign bail under the influence cannabis had three bags of the drug down his boxer shorts when searched by police.
Noel McGilloway, of Creggan Heights, appeared before Derry Magistrates Court charged with breaching his bail on Monday, October 16. He was signing bail for an offence of possession of cannabis earlier this year.
The court heard that at 6.40pm, McGilloway attended Strand Road Police Station to sign bail and police suspected he was under the influence of drugs, with a drugs test confirming he was under the influence of cannabis.
When police searched McGilloway, three bags of herbal cannabis fell out of his boxer shorts when he was requested to remove them.
McGilloway admitted being in possession of ‘grass’ for his own personal and said he ‘smokes grass every day’.
A police officer in court said that McGilloway was already on bail for drug offences and police said that he had shown he was not adhering to his bail conditions. The officer also said that, given the fact that McGilloway ‘confessed he does have a problem with cannabis’, they believe that he will reoffend.
Jonathan Longman, defence counsellor, said that the matter was a ‘double-edged sword’ as McGilloway had, on one hand, honoured the condition of turning up to sign for bail but had also turned up under the influence and in possession of drugs.
Mr Longman said that the court was ‘well aware of this young man as he had been before the court a number of times’ but that he ‘always turned up for court’.
He added that this had been his first breach of bail since April or May when he had been tagged and made subject to a curfew.
Mr Longman said that McGilloway had just received a back payment from Disability Living Allowance (DLA) of £1,300 and, although it was ‘inappropriate and unadvisable’, that the sum of money had ‘went to his head’ and despite not smoking cannabis for almost two months, he went out and bought the drug and had it in possession.
Mr Longman added that McGilloway had an addiction and was trying to ‘kick the habit’. He added that McGilloway would be pleading guilty to the breach of bail and the offence of possession.
District Judge Barney McElholm fined McGilloway £400 and ordered him to pay a further £15 offender levy.
He added: “This was a singularly stupid; to turn up at a police station under the influence and in possession when he was trying to comply with his bail conditions by signing. He should take this as his final warning.
“I want to impress this upon his father, I want that £415 paid by November 3 or I might look differently at bail.”
Judge McElholm then asked if McGilloway had any of the back-dated money from his benefits left.
McGilloway said he had £300 left, to which Judge McElholm asked: “Have you spent £1,000 on drugs?”
McGilloway replied that he hadn’t spent it all on drugs but had spent the most on clothes and footwear.
Judge McElholm warned: “Have the £415 by November 3 or I might revisit the bail.”
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