Garda observed woman handing over diazepam, Carlow court heard
Photo: Michael O'Rourke
IN AN ‘unusual case’, a Carlow woman was convicted at Carlow District Court of possessing diazepam, a controlled drug for which she had a prescription, for the purpose of sale or supply.
Garda John Moulton observed Leona Keogh (45) of 210 O’Hanrahan Avenue, Carlow committing the offence contrary to section 15 of the on a footpath on Carpenter’s Way in Carlow town when he was on mobile patrol on 19 March 2024 at 4.45pm.
In his evidence to the court, he explained that he saw Ms Keogh with an open box of tablets in her hand and another female standing in front of her. He observed her handing a number of tablets to the other woman, who was holding a ten euro note.
Suspecting a drug transaction was taking place, he stopped, approached the pair, informed them of his suspicion of holding a controlled drug and carried out a search.
Ms Keogh handed him a grey container containing 43 tablets and a further seven tablets from her coat pocket. He cautioned her and asked whether the tub of yellow tablets were hers, to which she said “yes”. She said they were ‘D5s’ and that she had a prescription for them.
“I was going to give her a loan of five tablets, that’s it,” she offered the garda as an explanation. “She was going to give me a loan of the ten euro.”
Ms Keogh signed Garda Moulton’s notes, acknowledging them to be true, and he had no further dealings with her on that date. The other person declined to be interviewed.
A certificate of analysis from Forensic Science Ireland concluded that the seven round, yellow tablets and the container with 43 yellow tablets were diazepam, a controlled drug which is valued at €1 per tablet.
Solicitor Joe Farrell, representing Ms Keogh, asked Garda Moulton if he had any previous dealings or has any current dealings with the defendant surrounding the sale or supply of drugs, to which he replied in the negative.
“Judge, it’s an unusual case. She didn’t rely on her right to silence; she explained what she was doing. Garda Moulton has been very honest, particularly saying she is not someone who is on his radar,” Mr Farrell pointed out.
“We didn’t plead guilty, as my client feels somewhat aggrieved. It wasn’t something she went to do on a particular day,” he noted further.
Judge Catherine Ryan noted that there was no requirement under the 1977 Act that the drugs be actually sold, that a potential exchange of money and Ms Keogh’s admission that she was lending tablets was enough. She took the view that a sale was about to occur, but said it was at the very low end of a section 15 offence.
Insp Conor Nolan outlined that Ms Keogh has 32 previous convictions, six for unlawful possession of a controlled substance and two for sale or supply. She received a two-year suspended sentence in 2018 for a charge under section 15.
After hearing from Mr Farrell that Ms Keogh is not working at the moment, is “coherent”, “a clever person” and that her ongoing health issues are “certainly managed”, Judge Ryan decided to put off sentencing until a probation report was compiled, but noted that a custodial sentence was not on her radar.
“A probation report will set the matter straight,” confirmed the judge.
