Courts / Dublin / Report

Man appeals €1.9 million cannabis conviction

Date
2015-01-28

Stage
Appeal

Primary locality
Rathcoole

County
Dublin

Summary

Alan Boggans, aged 39, appealed a 13‑year imprisonment sentence for possessing €1.9 million worth of cannabis resin. He argued that the warrant used to enter the premises at Celtic Truck Wash was issued after the search had begun, rendering the operation unlawful, and that the warrant was issued by a Garda who had been involved in the investigation, violating the independence requirement set out in the Supreme Court's Damache ruling. Boggans' counsel also contended that the trial judge failed to allow cross‑examination of a Garda who claimed to have seen Boggans run across a Mercedes van containing the drugs, and that the CCTV evidence was not fully disclosed. The Director of Public Prosecutions countered that the warrant was issued in an urgent situation and that all relevant evidence had been properly disclosed. The Court of Appeal reserved judgment for a February hearing. Alan Boggans pleaded not guilty and was found guilty.

Who, what, where, when and why

What: Report matter: Man appeals €1.9 million cannabis conviction. Charges or matters: possessing over €1.9m worth of cannabis resin for sale or supply at Celtic Truck Wash, College Road, Greenogue Business Park, Rathcoole on September 1, 2009. Procedural stage: appeal. Findings: Found guilty

When:

September 1, 2009 Incident
June 24, 2013 Hearing Or Sentence
2015-01-28 Publication

Why: Mr Finlay cited a Supreme Court ruling known as Damache, which he submitted found that the person who issues a warrant must be independent in order to adjudicate on the conflicting rights of citizens and State agents. CNI source report

Case subjects

Alan Boggans

Appellant

Charges: possessing over €1.9m worth of cannabis resin for sale or supply at Celtic Truck Wash, College Road, Greenogue Business Park, Rathcoole on September 1, 2009 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; He was found guilty by a jury at Dublin Circuit Criminal Court and sentenced to 13 years imprisonment by Judge Patrick McCartan on June 24, 2013.