THE trial of a Moyross man accused of posession of €145,000 worth of heroin has heard the accused man was observed by a garda detective near where the drugs were found.
Detective Garda Viv Downey, Henry Street, said he was conducting covert surveillance of an area of ruins known as the Four Walls at the Delmege Estate, Moyross on October 15, 2010.
He said at around 1.20pm, he observed three men entering a field and walking towards the Four Walls. The witness told the jury of six men and six women that he immediately recognised one of the men as being the defendant - John McCarthy, 41, of Cliona Park, Moyross - whom he pointed to in court. “I have no doubt it was him,” he said adding that Mr McCarthy was wearing a dark coloured hoody with white logo on the front.
Det Garda Downey told John O’Sullivan BL, prosecuting, that he did not recognise the other two men.
The detective said he continued to observe the three men for around an hour before he and a number of colleagues broke cover and entered the ruins.
The court was told that Mr McCarthy was not present when gardai entered the ruins but that two other men were arrested. “I saw two persons and there appeared to be a drugs factory in operation,” said Det Garda Downey who added. “I believe they were preparing heroin into deals in preparation for the street market.”
Under Cross examination, Det Garda Downey told Brian McCartney QC, that he did not take any photographs or video of Mr McCarthy during the surveillance operation. He denied that this was because he did not recognise the defendant. “I am definite about who I recognised that day,” said Det Garda Downey.
The jury has also heard that during one interview following his arrest, Det Garda Downey suggested to the defendant that he had observed him at the Delmege Estate at 12.20pm on the date of the alleged offence. This, this witness stated, was because the time on his mobile phone was an hour out on the date of the alleged offence.
When asked did he still have the same mobile phone, Det Garda Downey said he didn’t as he had upgraded to a smart phone since.
The trial will resume at 10.30am on Friday.
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