Galway Advertiser 2009/GA_2009_05_07/GA_0705_E1_013.pdf 

Extracted text

May 7 2009

www.advertiser.ie

N E W S 11

Galway man found guilty of dealing over 10,000 worth of heroin
Man claims to be victim of `stitch up'
BY MARTINA NEE A Galway man, who claimed to be the victim of a "stitch up" and that gardai had planted drugs on him, was found guilty at Galway Circuit Criminal Court yesterday of possession of some 10,000 worth of heroin with intent to sell or supply. John Tompkins (38) with an address at 181 Castlelawn Heights, Headford Road, Galway, pleaded not guilty last Tuesday to the charges of possession of diamorphine and to intent to sell or supply the drug in the area of Woodquay on April 9, 2008. At the opening of the trial Garda Noel McNulty gave evidence that at 11.55pm on April 8 he and Garda Shaun Durkin had spotted the accused coming towards them when they reached the junction of St Brendan's Avenue. Tompkins who had started to run then "attempted to throw" two brown plastic bags. However Tompkins slipped and fell causing the packages to land on the footpath beside him. When questioned by the State barrister Mr Conor Fahy Garda McNulty said that there had been nothing else on the ground before the accused threw the packages. Counsel for the defence Deirdre Browne BL put it to Garda McNulty that when he and Garda Durkin picked her client up they "produced the packages". She added that Tompkins had screamed that he had been "stiched up". "None of that is correct," replied Garda McNulty. "He [Tompkins] says he heard you saying `Will I put this in his pocket?'" said Ms Browne to which Garda McNulty replied: "That didn't happen". Garda Durkin told the court that the accused had not "at any stage" made an allegation of being stitched up. Under crossexamination by Ms Browne, Garda Durkin also said that he was "100 per cent satisfied" that the two packages had been in Tompkins' hands and that he had thrown them. The drug packages were placed into a sealed plastic evidence bag before being transported to the Forensics Science Laboratory at Dublin HQ. Forensics scientist Enid Hughes gave evidence that she received a sealed bag containing two knotted packets with a total weight of 52.912 grams. A content analysis of one of the packets (weight 26.189 grams) showed a purity of 58 per cent. Sgt Kevin Gately told the court that in the Galway region the street value of heroin is typically 200 per gram based on a purity level of 25 per cent. Regarding the two packages seized Sgt Gately said that it was a "very high level" and that the value (based on 25 per cent purity) was 10,900. When the case resumed yesterday, Tompkins continued to claim that there had been 10 gardai in the area at that time and that they had chased him. He added that he had never seen the packages containing the drugs before and that they had been placed in his pocket. "Your evidence is that there was an appalling conspiracy but there was never any complaint in writing," said Mr Fahy who added this alleged event never happened, that it was a figment of Tompkins' "vile immagination". After deliberating for about 45 minutes the jury returned an unanimous verdict finding the accused guilty of possession of heroin with intent to sell or supply. The issue of when sentencing would take place had not been reached at the time of going to press.

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