Gardai on stakeout observed Limerick brothers retrieving cannabis from undergrowth

GARDAI observed two brothers retrieving cannabis from the undergrowth after setting up a stakeout, Limerick Circuit Court heard.

Jason Power, aged 26, and David Power, aged 20, of Collins Avenue, Kincora Park, Southill both pleaded guilty to the possession of drugs for sale or supply.

At a sentencing hearing, Judge Tom O’Donnell said that at a previous court sitting Detective Garda Sean Twomey said that gardai were in receipt of confidential information. They set up a stakeout at wasteland in the Ballinacurra Gardens area of the city in May of 2020.

“Gardai observed two males on bicycles dismounting and retrieving a black bag on May 16. When gardai identified themselves they dropped the bag and took off running. They were apprehended and arrested,” said Judge O’Donnell.

Three vacuum packed bags of cannabis valued at €59,000 and two mobile phones with messages of a drug dealing nature were seized by gardai.

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Judge O’Donnell said there was nothing of evidential value from the defendants during garda interviews but it was accepted there was an element of “very strong coercive control”.

The judge said Jason Power has 36 previous convictions including for robbery and burglary and was on temporary release from prison at the time of this offence.

“David Power was only 17 at the time and has no previous convictions. There are two long probation reports on both men and a number of testimonials.

“Jason Power is undergoing voluntary drug testing and is clean,” said Judge O’Donnell, who added that on the last date the court heard that Jason Power’s “whole perspective on life has changed since becoming a father”.

The judge said both these young men had had drug addiction issues and gardai believed they were “minor players”.

“Both are now in full-time employment and Jason Power is supporting a family. There was a substantial amount of drugs involved and the phone traffic was significant. Jason Power’s previous convictions are not helpful.

“They have pleaded guilty and accepted culpability. There are issues over drug debts and a coercive factor which gardai accept,” said Judge O’Donnell.

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The judge said he was taking the “unusual step” of adjourning matters for 12 months with both men remaining under the care of the Probation Service.

“If either accused commits an offence or any breach in the next 12 months the matter will be brought back against both accused.

“The probation reports are very strong and they are both working. I am prepared to take a chance,” said Judge O’Donnell, who stressed that if either commit an offence they will both be back before the judge on the charges.

The case was adjourned until October 2023.