Three men have re-appeared in court in connection with a major €2.2 million cannabis seizure in Ballybofey.
Twin Towns brothers Patrick McGinty and Michael McGinty as well as Buncrana man Christopher Doherty were all before Letterkenny District Court to have books of evidence served on them.
Patrick McGinty, a 39-year-old of Carrickmagrath, Ballybofey and his 31-year-old brother Michael, whose address was noted in court as Ard McCool, Stranorlar, face charges of unlawfully importing drugs.
The McGinty duo and Doherty, a 36-year-old with an address at Baile na Carraig, Buncrana, have been charged with conspiracy to commit offences.
The charges follow a swoop on a premises in the Ballybofey area in April by officers from the Garda National Drugs and Organised Crime Bureau (GNDOCB), the Donegal Divisional Drugs Unit and Revenue’s Custom Service.
Revenue officers seized approximately 112kgs of herbal cannabis, with an estimated value of €2.2 million, in the operation.
Garda Pauline Doherty gave evidence of serving books of evidence on Michael McGinty at 11.22am, Patrick McGinty at 11.27am and Christopher Doherty at 11.35am.
In the case of each, Sergeant Jim Collins told the court that the Director of Public Prosecutions (DPP) has consented for the accused person to be returned for trial to Letterkenny Circuit Court.
Mr Rory O’Brien, solicitor for Michael McGinty, said that a signed plea “would not be entertained” for his client.
“My client indicated at the outset that he was innocent of these charges,” Mr O’Brien said.
Judge Emile Daly made an order returning both Michael McGinty and Patrick McGinty to Letterkenny Circuit Court for trial.
A section 56 order, in respect of interviews, was made and the alibi warning was administered to each man.
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Legal aid was granted to Mr O’Brien and Mr Gallagher while two legal counsel were assigned for the McGinty defendants.
Michael McGinty is to go before the Circuit Court on two charges while Patrick McGinty has been sent forward on three charges.
Doherty’s solicitor, Mr Frank Dorrian, told the court that the book of evidence served on his client did not contain interviews with “other parties charged, who one images were co-conspirators”.
Mr Dorrian said the book “alleges a very complicated offence” and said the book was “inadequate” in those circumstances.
“He may want to consider a signed plea, I don’t know, but that’s not something that he should forego casually,” Mr Dorrian said.,
Sergeant Collins told Judge Daly that interviews are exhibits and would be sent electronically to the solicitor.
Mr Dorrian said that the nature of the charge is complex and he would need time to assess the book before making a decision.
“What I am concerned about are interviews of other people, in order for it to be established with whom we are alleged to have been conspiring,” Mr Dorrian said, “The stakes are very high…The advantage of a signed plea under these circumstances could be enormous for my client.”
Doherty’s case will go before Letterkenny District Court on May 25.
Patrick McGinty is charged that between December 5, 2024 and April 1, 2025, at various locations within the State, did conspire with Christopher Doherty to commit offences under sections 15, 15A and 21 of the Misuse of Drugs Act 1977/84 which constitutes a serious offence, contrary to section 71 of the Criminal Justice Act, 2006.
Doherty is charged that, on December 5, 2024 and on various dates up April 1, 2025, at various locations within the State, he did conspire with Patrick McGinty to commit offences contrary to Section 15, 15A and 21 of the Misuse of Drugs 1977/1984 which constitutes a serious offence, contrary to section 71 of the Criminal Justice Act, 2006.
Patrick McGinty and Michael McGinty are also charged that on dates between March 20, 2025 and April 1, 2025 at a location within the State, they did unlawfully import a controlled drug, namely cannabis, in contravention of the Misuse of Drugs Regulations 2017 to 2019, made under section 5 of the Misuse of Drugs Act, 1977.
The charge is contrary to section 21(2) and section 27 (as substituted by section 6 of the Misuse of Drugs Act, 1984) of the Misuse of Drugs Act 1977.
The McGinty brothers are also charged with having cannabis for the purpose of selling or otherwise supplying the drug to another in contravention of the Misuse of Drugs Regulations, 2017 to 2019 made under section 5 of the Misuse of Drugs Act, 1977 and at the time while the drug was in his possession, the market value of the controlled drug amounted to €13,000 or more.
This charge is contrary to Section 15A of the Misuse of Drugs Act 1977 as inserted by section 4 of the Criminal Justice Act, 1999 and contrary to section 27 (3A) of the Misuse of Drugs Act, 1977 as substituted by section 33 of the Criminal Justice Act 2007.
They have also been charged with having in their possession a controlled drug, namely cannabis, for the purpose of selling or otherwise supplying it to another, contrary to section 15 of the Misuse of Drugs Act 1977 and contrary to section 27 (3) of the Misuse of Drugs Act 1977 as substituted by section 6 of the Misuse of Drugs Act 1984.
They also face a charge of being in possession of a controlled drug, to wit, namely cannabis, a charge contrary to section 3 of the Misuse of Drugs Act 1977 and contrary to 27 (1) of the Misuse of Drugs Act 1977 as substituted by section 6 of the Misuse of Drugs Act, 1984.