Kerry garda got smell of cannabis from car parked on rural road – a remarkable sense of smell says solicitor
The KerrymanCannabis, a rural road, and the legal definition of public property came under debate at Tralee District Court recently.
A garda took the stand to tell how he found Jeffrey Gordon (36) of Ballynacarrig, Firies parked on a rural road in Ballymacelligott West on November 13, 2024 at 21.55pm.
“I proceeded slowly,” said the garda. “I could get a smell, which I believed to be a smell of cannabis.”
No other person was visible in the area, he said.
The driver appeared nervous when he stepped out of the vehicle and was shaking and sweating, the garda observed.
“I could get a very strong smell of what I believed was cannabis,” he said.
The garda administered an oral fluid test and arrested the defendant when he tested positive. He was charged with driving or attempting to drive while exceeding the drug limit.
In cross examination, defence solicitor Brendan Ahern asked the garda for greater detail on where he stopped his vehicle.
The garda explained the defendant’s vehicle was directly in his path.
“I had to slow down to go around it,” he said. “I left my car parallel.”
“I suppose I’m trying to figure out where you got the smell of cannabis from,” said Mr Ahern.
He noted the garda’s “remarkable sense of smell” for his ability to detect cannabis when both he and the defendant were in their respective vehicles.
“The smell of cannabis was so strong, judge,” said the garda.
The garda said he then parked at the side of the road.
Mr Ahern presented a photo of his client’s car parked at a roadside, taken at a later date.
He also presented a map showing property ownership and suggested the shoulder of the road was on private land.
“My instructions are that all of this occurred on private property,” said Mr Ahern.
But Judge David Waters noted private property has a distinct meaning under the Road Traffic Act
“Remember,” said the judge, “There’s a difference between the purpose of private property ownership and private property.”
Judge Waters gave the example of a car park that could be privately owned but still considered public space.
“Legal ownership has no bearing on public or private for the Road Traffic Act,” said the judge. “What matters is how it’s used.”
Mr Ahern noted his client was heavily reliant on his driving licence.
The judge remarked it was “absolutely crazy” to take such a risk if this were the case.
“It’s taking your job in your hands,” he said.
He gave Mr Gordan a one-year disqualification and a €400 fine.