The Court of Appeal has upheld Alan Boggans’ conviction for possessing approximately €2 million worth of cannabis resin for supply following a Garda surveillance operation in Rathcoole, Dublin.
Boggans was convicted after a six-day Dublin Circuit Criminal Court trial of a section 15A Misuse of Drugs Act offence, with related possession and supply offences. He received 13 years' imprisonment, although this judgment dealt only with his conviction appeal.
The Garda National Drugs Unit began surveillance on September 1, 2009 after receiving confidential information. A van driven by Boggans’ brother-in-law entered Celtic Truck Wash and Parking at Green Oak Business Park. Boggans arrived about 20 minutes later in a BMW.
Gardaí obtained an emergency search warrant from Detective Superintendent O’Leary after learning that a District Court judge would take hours to arrange and finding a local Peace Commissioner unavailable. When officers entered, Boggans was seen near the rear of a white Mercedes van and ran from the area. Boxes of drugs were found inside. His fingerprints were also recovered from the van.
Two mobile phones linked to Boggans were recovered, and phone analysis showed extensive contact with his brother-in-law. At trial, Boggans relied on evidence suggesting his fingerprints could have been on the van because he had previously inspected it in connection with a possible purchase.
On appeal, he argued that the search warrant was invalid because the superintendent was involved in the investigation and because there was insufficient urgency. The Court of Appeal rejected both claims. It held that the law in force in 2009 did not require the superintendent issuing an urgent warrant to be independent of the investigation and that the urgency arose naturally once Boggans arrived at the premises.
The court also rejected challenges concerning his arrest, CCTV evidence, disclosure, judicial interventions and a prosecution witness’s reference to his silence in interview. It found that any potential prejudice had been adequately corrected by the trial judge.
The conviction appeal was dismissed.