Echo Live Cork
The naivety of a musician caught growing cannabis plants in the front window of his home was stressed at his sentencing hearing as the judge told him he should stick to playing music in future.
The judge doubted his claim to be using the plants to make tea. Straining credibility even further it was put to the court that Liam Lyons was growing the illegal drug arising out of his interest in horticulture.
As soon as Judge Mary Dorgan heard that claim, she said, “Hang on a minute now.”
And to make matters that bit worse, Liam Lyons also had a small quantity of magic mushrooms when gardaí came calling to carry out a search.
Judge Dorgan asked the accused to account for the mushrooms and he said: “I didn’t even know I had them. I play music. At the end of the night people would give me little things and say, ‘I hope you enjoy that’.”
When the judge asked him what age he was, he replied: “47 now – I know I should know better.”
The 47-year-old was caught growing cannabis with a potential street value of €2,400 together and he had over €1,500 in dried cannabis. He claimed that he was using the material to make cannabis tea to help him sleep.
Liam Lyons who lives at an apartment at Park View, Victoria Road, Cork, made the detection of his cannabis growing relatively easy for An Garda Síochána by setting the plants in the window of his apartment overlooking Blackrock Road.
Shane Collins-Daly solicitor said the defendant did not smoke cannabis and instead used it to make cannabis tea.
Mr Collins-Daly stressed at Cork District Court that while the 47-year-old admitted cultivation of cannabis there was no question of him supplying it to anyone else – it was all in his possession for his own use, and the state accepted this.
Sergeant John Kelleher said the evidence in the case was that on August 15, 2022 Sergeant Vincent McCarthy carried out a search and seized three cannabis plants and the dried cannabis and the magic mushrooms worth €10.
Mr Collins-Daly said: “It is a somewhat unusual case. Sgt McCarthy executed a search warrant. He called to the house after observing cannabis plants growing in the window of the property. There were three plants. Mr Lynch was surprised at the value put on them by the prosecution.”
Sgt Kelleher said the valuation of €800 for each plant was based on the anticipated street value of a plant at full maturity.
The solicitor said: “He grew up in the countryside and had an interest in growing vegetables.”
Judge Dorgan said: “He had three plants and significantly over €1,000 worth of it and he expects the court to believe he was drinking tea to go to sleep.”
Mr Collins-Daly said: “It is unusual.”
Judge Dorgan added: “I am glad you say that. I find the explanation unusual.”
The judge took into consideration the evidence that the defendant had completely abandoned drug use. “I take into consideration the naivety of where he was growing them. He did not have a grow-house or anything like that. I would hope this would be a wake-up call for him,” the judge said as she imposed a €500 fine on him for cultivating the cannabis.
Judge Dorgan said: “He should stick to the music now.”
