A judge today struck out all charges against a 40-year old Dublin man who was before the court in connection with a seizure of an estimated €4.2m of suspected cannabis on the outskirts of Shannon, Co Clare in May.
At Ennis District Court today, James Lawlor was appearing in court via video link from prison and after Judge Adrian Harris struck out all charges, Mr Lawlor asked the court: “I am free to go? So I can walk out of jail can I?”
With no charges now against Mr Lawlor is free to leave Limerick prison and Judge Harris told the man that he would have to get legal advice on his situation.
Mr Lawlor of Killininny House, Firhouse, Dublin 24 had been on remand in custody since May after Gardaí stopped a van Mr Lawlor was driving on the N19 at Smithstown on the outskirts of Shannon on Tuesday May 26th last.
In court previously, Garda Eoin McCabe stated that the seizure involved 210kgs of suspected cannabis with an estimated street value of €4.2m.
Garda McCabe successfully objected to Mr Lawlor securing bail in May when he alleged that Mr Lawlor “was essentially caught red handed and was the sole occupant of the van when stopped and searched”.
In the case, Judge Harris has struck out the charge that Mr Lawlor had cannabis at the N19, Smithstown, Shannon on May 26th for the purpose of selling or otherwise contrary to Section 15 of the Misuse of Drugs Act 1977.
Judge Harris also struck out the charge that Mr Lawlor had in his possession cannabis at the same location on the same date contrary to Section 3 of the Misuse of Drugs Act 1977.
Earlier this month, Judge Harris had granted a further adjournment to the State to allow the DPP to provide directions in the case.
Judge Harris had marked the case ‘peremptory’ against the State for today which means that if there is no progress, the case can be struck out.
Today in court, counsel for Mr Lawlor, Barry O’Farrell BL told Judge Harris that on the last occasion he had marked the case peremptory against the State.
He said: “I understand there are no directions before the court and I am asking that in those circumstances the case be struck out.”
Sgt John Burke told Judge Harris that there are no directions before the court.
He said: “I can say that the file is with the DPP but I accept that peremptory is peremptory.”
Judge Harris said that the charges are struck out and the court registrar told Mr Lawlor on the screen “thank you, you can go now”.
