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09 Aug 2022

Tipperary man tells court his had tobacco in rolled cigarette, not cannabis

Tipperary court: judge says young Nenagh man's record is 'not good'

Judge Elizabeth MacGrath: convicted Nenagh man of having cannabis joint

A man who pleaded not guilty to having a cannabis joint on his person told Nenagh Court that it was just a rolled cigarette with ordinary tobacco.

Wayne Mitchell of 31 Sallygrove, Nenagh, pleaded not guilty to the offence at Banba Square, Nenagh, on March 14, 2019.

Garda Seamus Kelly said that he was on patrol in Sallygrove in the town when he observed Mr Mitchell place his hand down the back of his pants.

Garda Kelly spoke to him and Mr Mitchell “seemed nervous” so he asked him to come to the garda station to be searched.

During the search, Mr Mitchell handed over a joint which he said contained cannabis.
Garda Kelly said he asked Mr Mitchell what he intended to do with it and Mr Mitchell told him it was his intention to smoke it.

Garda Kelly said the amount was “minimal”.

Mr Mitchell told the court that he had accidentally broken a cigarette earlier and had rolled it in cigarette paper.

“There was only tobacco in it,” he said.

Mr Mitchell also said that the signature on his statement was not his.

He also disputed the location of the offence and the date of the offence.

Judge Elizabeth MacGrath said: “He acknowledged it was his signature at the time. He also admitted the offence at the time, and the location is at the garda station on Banba Square not Sallygrove.

She convicted Mr Mitchell and fined him €100. Recognizance were set in Mr Mitchell’s own bond of €250.

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