Peter Cleary (48), of Rathsallagh Grove, Shankill, Dublin, appeared before Bray District Court for a hearing.
He entered a plea of not guilty to one count of possession of drugs after cocaine was allegedly found under the driver’s seat of his taxi.
Detective Garda Purcell gave evidence that on September 12, 2024, he obtained a search warrant under the Misuse of Drugs Act for the accused’s home address.
He told the court that on September 15 he executed the warrant and discovered €100 worth of cocaine underneath the driver’s seat of Mr Cleary’s grey Peugeot taxi.
Det Gda Purcell said the substance was sealed in an evidence bag and later transported by another member of An Garda Síochána to Dublin Castle and on to Forensic Science Ireland for analysis.
A certificate of analysis confirmed the drugs had a value of €100.
Under cross-examination by counsel for the defence, Eamonn O’Moore BL, the detective agreed that Mr Cleary had denied the drugs were his when questioned and had claimed they were not for personal use.
When asked whether the accused appeared surprised when the drugs were discovered, Det Gda Purcell said that he did.
The court heard that Mr Cleary had been working the night before, driving passengers throughout the night, and that the condition of the bag containing the drugs was “worse for wear”.
Mr O’Moore argued that there was no evidence linking the drugs to his client and noted that no other drugs were found during the search.
He also made an application highlighting a discrepancy in the dates, stating that while the prosecution alleged the search took place on September 15, the summons listed the date as September 13.
It was confirmed to the court that the summons did indeed state September 13.
“The drugs were in the car, we don’t deny that, but they were not his,” said Mr O’Moore.
Judge David Kennedy accepted the defence application and struck out the charge, noting the incorrect date on the summons and that no application had been made by the State to amend it.
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