‘Cannabis is cannabis’: Kerry judge questions charge sheet
The KerrymanThis was the case put forward by solicitors at Killarney District Court last Tuesday when ‘cannabis herb’ appeared on a charge sheet.
Cannabis and cannabis resin are listed drugs.
This point was raised by the defendant’s solicitor, Padraig O’Connell.
“It is not a scheduled offence,” he said.
His client, Michael O’Brien (54) of Pinewood Estate, Killarney, was charged with possession of ‘cannabis herb’ at University Hospital Kerry on November 27, 2024.
In a separate case, Beka Bekauri of Stack’s Villas, Tralee, appeared in court on Tuesday for charges including possession of ‘suspected cannabis’ to the value of €125 on February 27, 2025 at Lewis Road, Killarney.
His solicitor, Nuala Liston, made the same defence.
Today's News in 90 Seconds - Tuesday, November 11
The court first heard the case of Mr O’Brien.
The courtroom was silent as judge and gardaí consulted tablet and phones to check the list of scheduled drugs.
“Cannabis herb is not there specifically, cannabis resin is,” said Judge David Waters, adding that a drug had to be specified on the list.
“I can’t imagine that it’s not but you’ll have to show me where,” he said to Sergeant Stephen O’Brien.
“It can’t be argued,” said Sgt O’Brien. “It’s not in the schedule.”
However, the defendant had not appeared when the case was scheduled on September 17. As such, it was the first day the case was before the courts, noted the judge.
On this basis, Sgt O’Brien applied to amend the charge sheet.
Mr O’Connell said he would object to an amendment.
His client had come to court to meet the charge of possession of ‘cannabis herb’ and could prejudice the case against his client.
“It’s not like we’re changing the nature of the summons,” said the judge.
“But it’s not a loose word that was put in,” said Mr O’Connell. “Not all defects give rise to a dismissal,” replied the judge.
In minor instances, such as giving one wrong digit in a car plate, the summons could be amended, he explained.
“It’s like dancing on a pinhead,” said Mr O’Connell. “It’s almost impossible to prove prejudice.”
The judge marked it amended, noting the solicitor’s objection.
The case was adjourned to February 17, 2026 to allow Mr O’Brien to overcome any prejudices that might accrue.
In the case of Mr Bekauri, whose charge sheet read “suspected cannabis”, the judge took a different view.
“It is a typographical issue,” said Sgt O’Brien.
“There is no offence for ‘suspected cannabis’,” he said. “I think that is the difference. Cannabis is cannabis, whether it’s herb or resin.”
Sgt O’Brien applied to amend its wording and the case was adjourned to December 2.
“My view is ‘suspected cannabis’ is failed for the summons,” said the judge. “To me, it’s more fatal than ‘cannabis herb’.”