Craigavon man bailed after being jailed for drug offences

Christopher Cunningham, aged 39, from Legahory Court, Craigavon was accused of possessing a class B drug with intent to supply on February 8, 2022 and on the same day possession of a Class B drug, namely cannabis.

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At Craigavon Magistrates Court on Friday (January 6, 2023), prosecuting lawyer Eileen Larkin said: “At around ten to 11 in the morning police attended Legahory Court, the home address of the defendant. The reason was to speak to the defendant regarding the ownership of a property where there had been suspected cannabis cultivation. Police were invited into the property and there was a strong smell of cannabis despite wearing fluid repellent masks.”

She said Cunningham denied smoking or having cannabis on the property. A short time later in the back garden of the property police believe the defendant threw something over the fence. Police spotted two clear plastic bags which appeared to contain a large quantity of herbal cannabis. The defendant was arrested on possession with intent to supply.

When arrested he made no reply and made no comment answers during interview at Banbridge Police Station.

She said police believe there was between £1,200 to £1,800 worth of cannabis in the bags discovered at the defendant’s home.

Defence barrister Ciara Ennis said her client had gone to clear out another property which the police had raided and found cannabis in an outside shed.

“He then takes that home. He has had long standing difficulties with cannabis. His case was that he kept it for himself. He still contests the intent to supply aspect of this.”

She asked that the district judge consider alternatives to custody.

District Judge Bernie Kelly said: “Possession with intent to supply is a very serious offence. All the elements of intent to supply were there, the amount and you chose to come to court and tell me why you had it but chose not to tell the police. The court is entitled to draw an adverse inference from the no comment interview and your failure to tell police any explanation you have.

"As you were convicted of the intent to supply, I am certifying both charges as associated offences as so serious there is only one penalty I can oppose. For the possession with intent to supply I am imposing four months together with the £25 Offender Levy and two months for the simple possession to run concurrently. Will you be kind enough to go with Prison Service.”

Some time later Ms Ennis requested that her client Cunningham be released on bail.

District Judge Kelly released him on £500 bail to reside at his Legahory Court home and no other address without the prior permission of the court. He spends every night at that address unless he has first sought and obtained court’s permission to do otherwise. He is not to be in possession of or have ingested any drug that has not been directly prescribed to him by a qualified medical practicioner. He is also under curfew from 9pm at night to 6am in the morning.