Amateur MMA fighter caught with cannabis given ‘opportunity to reflect'
Garda Patrick Roche told Tallaght District court that he observed Kane handing a package to Byrne, who then appeared to place it under his seat. When he approached the car, Garda Roche said he got a strong smell of cannabis and carried out a search under Section 23 of the Misuse of Drugs Act.
Five individual bags of cannabis, weighing approximately 20 grams in total and valued at €308, were found in a plastic food bag beneath the seat.
Byrne immediately took responsibility, telling gardaí: 'The cannabis is mine - I didn't know how many bags, I just grabbed it from my house.'
He pleaded guilty before the court to possessing the drug for sale or supply on July 29, 2022.
Byrne has 14 previous convictions, mostly for road traffic and public order offences, but none for drugs. His barrister, Ciara Ní Ghabhann BL, said Byrne had been heavily using cannabis at the time but had since taken full responsibility and was doing better.
Byrne told the court he was now off drugs and had returned to training as an amateur MMA fighter. Judge Patricia McNamara asked about his last fight - Byrne said he had drawn the match, but his opponent wouldn't agree to a rematch.
Garda Roche confirmed that Byrne had not come to the force's attention since the incident.
Judge Patricia McNamara, noting it was Byrne's first drug offence, told him: 'Hopefully [it's] your last.'
She invited Byrne to voluntarily engage with a restorative justice drugs awareness programme, describing it as 'an opportunity to reflect". 'You don't have to do it - but let's see if you do,' she told him. The case was adjourned to October 10 for Byrne to complete the programme and submit a reflective piece.
Thomas Kane, of Ard Mór Drive, Brookfield, Tallaght, was convicted of knowingly permitting the possession of drugs in a vehicle, under Section 19 of the Misuse of Drugs Act.
Kane had pleaded not guilty to the charge and told the court he had no idea Byrne had drugs on him. He claimed the first he knew of it was when Byrne pulled the bags from his pocket and stashed them under the seat after gardaí turned on their blue lights.
Judge McNamara rejected that account, saying it was 'not credible' that Kane wouldn't have noticed the strong smell of cannabis in the car or known what was happening beside him. She said she was satisfied with Garda Roche's version of events - that Kane handed Byrne the drugs.
The court heard that Kane has nine previous convictions under the Misuse of Drugs Act, including a five-year sentence, suspended for three years, for a €13,000 cannabis seizure.
Judge McNamara said she would impose 120 hours of community service in lieu of an eight-month sentence, subject to a probation report confirming Kane's suitability. His case was adjourned to October 3 for finalisation.
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