Courts / Dublin / Report

Dublin man loses appeal against conviction for possession of €1.9m worth of cannabis

Date
2015-03-09

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

Alan Boggans, 39, of Newcastle, was convicted of possessing over €1.9 million worth of cannabis resin for sale or supply at Celtic Truck Wash and Park, Rathcoole, on 1 September 2009. A jury at the Dublin Circuit Criminal Court found him guilty and Judge Patrick McCartan sentenced him to 13 years' imprisonment on 24 June 2013. Boggans appealed the conviction, but the Court of Appeal dismissed the appeal. Judge Garrett Sheehan confirmed that Boggans had received a fair trial. The case centred on a Garda surveillance operation that led to a search warrant issued under section 26 of the Misuse of Drugs Act. Evidence included drugs found in a white Mercedes van, fingerprints matching Boggans, and mobile phones linked to him. Boggans' counsel argued the warrant was issued too hastily and that the Superintendent was not independent, but the court rejected these arguments and upheld the conviction. The appeal was dismissed on all grounds. Alan Boggans pleaded not guilty.

Who, what, where, when and why

What: Report matter: Dublin man loses appeal against conviction for possession of €1.9m worth of cannabis. Charges or matters: possessing over €1.9m worth of cannabis resin for sale or supply at Celtic Truck Wash and Park, 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
2015-03-09 Publication

Why: He also submitted that the urgency required to issue such a warrant did not exist and and the Superintendent could not have properly considered the matter because he issued it within one minute of being asked to do so. 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 and Park, 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.