Huge haul of cannabis found in old schoolhouse in Mayo
Judge Eoin Garavan was sharply critical of the Garda investigation.
Gardaí found cannabis plants with a street value of more than €400,000 when they raided an old schoolhouse near Claremorris.
Joe Kelly, aged 60, with an address at Lakeside Retail Park, Claremorris, pleaded guilty at Castlebar Circuit Criminal Court to permitting certain activities, namely the cultivation of cannabis plants, to take place on a property managed by himself.
Det Gda David Timlin told the court that on April 27, 2020, Gardaí received a report of a possible fire at an old schoolhouse at Ballinastanford, Claremorris. Three men were observed exiting the premises and entering a wooded area at the rear of the building. They escaped and have never been identified.
Det Gda Timlin said a large-scale, sophisticated cannabis cultivation operation was found in the old schoolhouse and 541 mature cannabis plants with a potential value of €432,800 were seized.
The defendant Joe Kelly appeared at the scene and told Gardaí he had rented the building to "a Chinaman" who had a furniture business. He promised to provide documents regarding the leasing arrangement.
A Garda probe revealed that Kelly leased the old schoolhouse from Mary and Joe Duggan through auctioneers Richard Finn and Nigel Dineen in October 2019. He paid a deposit of €600 and agreed a rent of €400 per month.
Kelly was arrested in connection with the incident but refused to answer any questions. He also failed to produce documents about his letting agreement with the "Chinaman". It later emerged that Kelly had been receiving €125 a week in cash for the use of the old schoolhouse but Gardaí had no evidence he was involved in the day-to-day running of the growhouse.
The court was told that Kelly has 10 previous convictions.
Defending barrister Diarmuid Connolly said his client had previously worked in construction and had been selling firewood at the time of this incident. He is now on a Community Employment scheme. Mr Connolly said Kelly had no previous convictions in relation to this kind of behaviour and there was no suggestion he was making a significant financial gain from this operation.
Judge Eoin Garavan said he found it "extraordinary" that Gardaí did not carry out further investigations into Kelly’s lifestyle or bank accounts or did not find CCTV footage of Kelly meeting the "Chinaman" for his weekly rent payments.
Judge Garavan said he did not want to presume Kelly had an involvement in the larger operation due to the "deficient Garda investigation" but it was "hard to believe" that Kelly’s sole profit from this arrangement was €25 per week, subtracting the €100 per week he was paying the Duggans from his weekly rent of €125 from the "Chinaman".
“It is remarkable. An old schoolhouse becomes a cannabis den and no one noticed until it went on fire,” said Judge Garavan. “This was a significant cannabis growhouse, a huge haul and yet there is a lack of curiosity from Gardaí and no investigation into his lifestyle or accounts, it’s extraordinary.”
Judge Garavan said he was sure Kelly was a "menace" who played a part in the supply of an illegal substance.
“This is €432,000 worth of drugs. This is not an alleged Section 15A charge (possession of drugs for sale or supply) but his role is not terribly far away,” said the judge. “He played an active and a knowing role in this.”
State barrister Patrick Reynolds requested a destruction order for the cannabis as no further convictions will arise from this incident.
“Larry, Curly and Moe have not been apprehended,” remarked Mr Reynolds, referring to the three men who escaped into the woods.
Judge Garavan imposed a four-year prison term with the final year suspended on condition that Kelly comes under the supervision of the Probation Service.
