Courts / Kerry / Report

Drugs trial jury not instructed on concept of possession, lawyers argue

Summary

In 2019, a judge jailed Maciej Masznic, 41, for seven‑and‑a‑half years after a five‑day trial in Tralee Circuit Criminal Court found him guilty of possessing cannabis and methylamphetamine for unlawful sale or supply at his home. The drugs, valued at over €13,000, were seized during a Garda raid. Masznic appealed, arguing that the judge failed to instruct the jury on the legal concepts of possession and knowledge, which he claimed were fundamental to the case. His counsel, Dean Kelly SC, contended that without proper instruction, no reasonable jury could convict. The Director of Public Prosecutions' counsel, Thomas Rice BL, countered that the jury was adequately informed and that the prosecution's case of guilty knowledge was clear. The Court of Appeal, presided over by Mr Justice George Birmingham, noted the dispute and reserved judgment. The appeal remains pending. Maciej Masznic pleaded not guilty.

Who, what, where, when and why

What: Report matter: Drugs trial jury not instructed on concept of possession, lawyers argue. Charges or matters: five charges contrary to Misuse of Drugs Act 1977. Procedural stage: appeal

When:

• February 18, 2015 Incident
• July 2019 Incident
• 2022-03-07 Publication

Case subjects

Places mentioned

Topics

Drugs Stage Appeal

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Read the original CNI report