Gary Hanley fails in cannabis sale or supply conviction appeal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Gary Hanley failed in his appeal against conviction at the Court of Appeal on 20 March 2015. The charge concerned possession of five bars of cannabis resin for sale or supply at Alfie Byrne apartment complex on 10 April 2009.

Gary Hanley had pleaded not guilty. Following a jury conviction at Dublin Circuit Criminal Court, Judge Patricia Ryan sentenced Gary Hanley to six years’ imprisonment, with the final two suspended, on 16 March 2013. The proceedings were reported on 20 March 2015.

The appeal argued that the case should have been withdrawn from the jury because there was no case to answer.

The report said Gary Hanley and others were 10–15 metres from the wheelie bin containing the drugs. A matching partial forefinger mark was found on the inside of the plastic bag’s flap. No corresponding thumbprint was found, and the evidence indicated only that the tear preceded the finger mark.

Defence counsel Séamus Clarke BL submitted that Gary Hanley could have innocently touched the outer layer covering the drugs while it was in the bin, perhaps simply looking at what was inside.

Mr Justice Garrett Sheehan said the fingerprint established contact with the sealed bag while the cannabis was there. As the plastic was clear, there was no need to open the flap to see inside. He described proximity to the bin as supporting evidence, although not very strong. Given the drugs’ value, he considered it highly unlikely they had been there long or were unprotected.

Mr Justice Garrett Sheehan said the circumstantial evidence justified allowing the case to go to the jury. Sitting with Mr Justice George Birmingham and Mr Justice John Edwards, he dismissed the appeal.