A piece of black material burnt into tinfoil was the only evidence against a woman of drug possession but yesterday she was jailed for four months for the crime.
Anita O’Leary’s solicitor Joseph Cuddigan said the only evidence against the accused that made the prosecution possible was the admission made by the defendant to having heroin for her own use.
Sergeant Gearóid Davis said gardaí arrived on the top floor of the Q car park on Carroll’s Quay to find a number of people engage in some suspicious activity.
Sgt. Davis said the defendant was seen passing an object to a man who was present.
When this was seized and examined it was a piece of tinfoil with material burnt into it.
Mr Cuddigan said the defendant did not put the prosecution to the trouble of having the item forensically examined and admitted that it contained a small amount of Diamorphine (heroin) for her own use.
Sgt. Davis said Anita O’Leary was caught with the trace quantity of the drug on April 24 2018.
O’Leary had 45 previous convictions including four counts for having drugs for her own use and one for having drugs for sale or supply.
Mr Cuddigan said, “She admitted it was heroin. It was arguable whether dirty heroin burnt into tinfoil could actually be used. She makes strenuous efforts to get back on the wagon. I am asking for the prison authorities to give her whatever assistance they can and to put her back on a methadone treatment programme.”
Judge Olann Kelleher said he would recommend that she be given whatever treatment she needed but he could not dictate to the prison authorities what to do.
Judge Kelleher imposed a total sentence of four months imprisonment on the 37-year-old.