A SITTING of Belmullet District Court heard an allegation that a man who was found in possession of a screwdriver while on his way to a disco was being targeted by Gardaí and being continuously stopped and searched for drugs
Kenneth Cawley of Tallagh Road, Belmullet appeared before the court charged with possession of a knife or other articles which on this occasion was a screwdriver. Mr Cawley was stopped on the Ballina Road on September 27, 2009 at 12.05am by Garda Hugh Egan while he was walking alone to the local nightclub. Garda Egan told the court the defendant was shouting at the top of his voice and he was searched under the Misuse of Drugs Act.
No drugs were found on Mr Cawley but a screwdriver was found in his pocket and when asked what he was doing with it, Garda Egan claimed he said he was testing plugs for his father before going out. Garda Egan said he was not in his working clothes and the following day he cautioned the defendant who told him that he must have found the screwdriver on the street and kept it.
Under questioning from Mr Aiden Crowley, solicitor for the defendant, Garda Egan said he had stopped and searched the defendant a number of times in the past but had never found any drugs. Mr Crowley claimed on the last time he was searched, Garda Egan told the defendant, ‘You can’t always be lucky, Kenneth’. Garda Egan denied this and also denied he was targeting Mr Cawley.
In his evidence, Mr Cawley (22) accepted he had the screwdriver but said he must have found it on his way to the disco because he had no reason to have it. He said he was not a violent individual and did not go around town carrying a screwdriver. He added he had a few beers before going to the disco and he was not involved in any incident while at the disco.
Mr Crowley said his client had worked in the construction sector since he left school at 16 years but was now unemployed and had no previous convictions. He asked that the incident be dealt with in a certain way.
Judge Mary Devins said she would give Mr Cawley the benefit of the Probation Act if he contributed €200 to the Glencastle Special School.
