Courts / Cork / Report

Man caught with heroin claimed he was getting papers for Chihuahua

Summary

Daniel Wyse, 36, has appealed his conviction for the alleged possession of drugs for sale or supply at Halfway Crossroads, Rathduff, Co. Cork. Wyse was originally charged in February 2014 after Gardaí attempted to stop his vehicle, which subsequently collided with a patrol car after mounting an embankment. A package of heroin, valued at over €37,000, was found in the jeep. Wyse claimed he was unaware of the drugs and was travelling to Limerick to obtain identity papers for his pet Chihuahua. A jury found him guilty, and Judge Seán Ó Donnabháin sentenced him to 10 years in prison in February 2016, suspending the final 18 months. In the current appeal before the Court of Appeal, his counsel, Seamus Clarke SC, argued that the trial judge should have directed an acquittal if it was reasonably possible Wyse did not know of the drugs. He further contended that the judge's charge insufficiently addressed circumstantial evidence and the chain of custody, specifically citing errors in the labelling of the drugs. Clarke also argued that the trial judge should have granted a second senior counsel given the minimum sentence. The State's counsel, Imelda Kelly BL, countered that no requisition regarding circumstantial evidence or labelling was made at trial and that the appointment of senior counsel was discretionary. The matter was adjourned, with the court reserving judgment to be delivered as soon as possible.

Who, what, where, when and why

What: Report matter: Man caught with heroin claimed he was getting papers for Chihuahua. Charges or matters: possession of the drugs for sale or supply at Halfway Crossroads, Rathduff, Co. Procedural stage: appeal

When:

• 15th February 2014 Incident
• February 2016 Hearing Or Sentence
• 2020-05-27 Publication

Case subjects

Places mentioned

Topics

Drugs Stage Appeal

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Read the original CNI report