The solicitor for a suspended garda accused of the possession of drugs in a Tralee hotel room has indicated his client may plead not guilty.
The DPP’s case against Niall O’Connor, who worked as a garda in the Tralee area until his suspension in 2021, came before Tralee District Court this week.
Mr O’Connor faces two allegations, both relating to the alleged possession of GBL, or liquid ecstasy, at a Tralee hotel room in 2021.
At this week’s hearing, Judge David Waters concluded that Mr O’Connor had not been prejudiced by the delay in his case being heard.
It’s alleged that on 27th February 2021, Mr O’Connor had possession of a controlled drug, namely GBL, at a hotel room in Tralee, and that he had possession of the drug for sale or supply.
In advance of the hearing this week, state solicitor Diane Reidy prepared a written submission to explain the delay in the case being brought against Mr O’Connor, who has been suspended since the date of the alleged offence.
The submission was not read out in court, but defending solicitor Pádraig O’Connell says it clearly shows there was a prosecutorial delay, and this was prejudicial to his client.
Mr O’Connell said he would submit there was clear prejudice, in the context of Mr O’Connor’s employment, which cannot advance while he is suspended, and his innocence.
He said he doesn’t believe there is any justification for this delay.
Mr O’Connell added state employees being ill, unavailable or otherwise is unacceptable, as the state has vast resources to deal with this.
Judge David Waters said there is prosecutorial delay, but concluded this won’t impact on the hearing of Mr O’Connor’s case.
Judge Waters said it’s not been demonstrated that there is any real or serious risk of an unfair trial because of this delay.
Solicitor Pádraig O’Connell said all things being equal, this case would be proceeding on a plea of not guilty.
Mr O’Connell also indicated he may pursue a review of the case in the High Court.
The matter is next listed for 5th February, when the court will decide on what date the case will be heard in full.
