Four years for cultivation of cannabis at rural farmhouse

‘Forged’ references handed into court

A man, charged in relation to cannabis cultivation at his rural Cavan home was presented to the court as a committed father-of-three who “loves children and respects senior citizens”.

The stay-at-home dad had renovated his family’s dream home from a dilapidated farmhouse at Drumanespic, Lisnagirl, near Bailieborough, over the best part of past two decades. He’d shop local, help out others and, by all accounts, on paper at least, was a near model citizen.

Testimonials spilled from the hands of Patrick McAuley’s barrister. The judge seemed impressed, asking for time to consider all sentencing options, albeit noting it would be “difficult to find a route” that didn’t end up with the defendant serving some time.

Fast forward a week and an ashed-faced McAuley (48) could be seen gripping his fiancée’s hand, deep in discussion with his legal team.

As it transpired, the testimonials handed in weren’t worth the paper they were written on. “Forged,” prosecuting counsel, Monica Lawlor BL, informed Judge John Aylmer.

When members attached to the Divisional Drugs Unit, assisted by local gardaí and supported by armed officers, raided McAuley’s house on August 14, 2020, they found several hundred cannabis plants at various stages of growth.

In the adjacent garage, also built by McAuley, gardaí found 137 “fully mature” cannabis plants ready for harvesting, and a further 120 smaller “sapling” plants.

McAuley had greeted the officers at a locked gate. Executing a warrant obtained at Cavan District Court earlier that day, gardaí were directed to where the defendant had “a few plants in a shed behind the house”.

In the first smaller storage room, under a “sophisticated” lighting operation, McAuley had potted the saplings. The more mature plants were located further within, explained investigating Garda Paddy Galligan.

The building itself had been “specially” modified for cultivation. McAuley told gardaí the plants belonged to “him”. He also said that “no one else knew” about the growhouse operation.

Arrested, McAuley was taken to Bailieborough Garda Station and interviewed.

The court heard evidence, provided by Ms Lawlor, instructed by State Solicitor Rory Hayden, that the divisional crime scene examiner and personnel from the Garda Technical Bureau inspected McAuley’s two-storey home.

Along with cannabis plants and lighting, they found an extraction unit and gardening utensils. In one box officers discovered harvested and dried cannabis. A generator was located below floor level, and the room was plastered with “noise reducing” foam.

The total value of the mature cannabis plants being grown was estimated at €109,600.

In his first of three interview sessions, McAuley admitted to growing plants for around four months. He’d bought the six heat lamps “in town” for €75, and the seeds “online”. He paid a further €3,000 for the generator.

McAuley fed the plants using “rain water” and denied, when put to him, that the enterprise was set up to make “profit”. Instead, McAuley said he grew the cannabis “purely for the experience”.

McAuley pleaded to the charge of cultivation without a licence at Cavan Circuit Court back in March 2021.

When arrested, he had 24 previous convictions - the most recent dating back to 2005 for driving without a licence.

However, McAuley had spent time in prison in the mid-90s for carrying out a syringe-point robbery at a Dublin City shop. Then 25 years, the Ringsend native was sentenced to six years in prison.

McAuley moved to Cavan with his partner around 2005-06.

At the initial hearing, McAuley appeared represented by Dean Kelly BL, who said all his client had achieved post release was down to his own “wit and work”.

“His life’s work has been to restore the house they bought two decades ago, and which they are now rightly proud of,” said Mr Kelly.

The barrister then presented a series of testimonials - letters from members of the community and local businesses.

In the reference by Patrick O’Reilly, the court heard the local pet farm owner described McAuley as a “talented” man, and as an “asset” to the community.

McAuley’s run-in with the law came as a “surprise” to Mr O’Reilly, who recognised the defendant as being great with “children and old people”.

Angel’s Nest crèche said McAuley provided “maintenance” over the years. The defendant had been “generous” both with his “time and his talents”; while Seamus Clarke, a farmer, credited McAuley for his “neighbourliness”.

Conal O’Reilly of Bailieborough Hire, and another reference from Les Waller, shared a similarly positive opinion of McAuley. Some of the references handed-in were hand-written, others typed and signed.

McAuley’s upbringing, Mr Kelly continued, had been “tough”. Marked by the “alcoholism and violence” of his father, the youngest of a family of five, McAuley, left formal education aged 11 years, and by age 20, through keeping “poor company” and “bad decisions”, found himself in custody.

It was through an “abiding debt” to his partner of 21 years, the primary bread-winner in the household, McAuley committed to turning his life around.

Despite being a “blow in from inner city Dublin” the defendant had since, through his endeavours, had become accepted as “one of their own” by the local community.

This was, Mr Kelly said “a powerful submission” of McAuley’s “character”.

“He ought to have known better,” added the barrister of the defendant’s offending, concluding his defence.

Eight days later Gda Galligan took the stand again and was sworn in.

To the rear of the court, McAuley’s partner hugged him tightly and kissed his cheek before the defendant entered the holding area.

Gda Galligan told Judge Aylmer how he had set about confirming the voracity of the testimonials.

He told the court he had spoken with Mr Waller who said “it wasn’t his handwriting” on the reference provided to the court. He said McAuley “may have” gotten him to “sign something”.

Conal O’Reilly and Patrick O’Reilly issued similar denials. The latter in particular “could not stand over” ever having said that McAuley “loves children and respects senior citizens”.

Others said they had “no idea” about the offence for which McAuley was charged, or the “significance” of the growhouse operation taking place at the defendant’s home.

Miska Hanahoe BL, standing in to represent McAuley, accepted that the “body of text” in the references “did not come” from the people it was claimed had written them.

But she said the defendant had made contact with them.

Aside from genuine testimonials handed into court from McAuley’s partner and sister, Ms Hanahoe resigned that the situation had placed the value the references provided “at nought”.

Judge Aylmer remarked that it was “not the first time” that false references appeared on headed paper.

He said that McAuley’s actions had placed his legal team in a difficult position and the situation that had developed before the court was not of their making.

In sentencing, Judge Aylmer noted the value of the drugs found as “substantial”, and the crime merited a headline sentence of five years before mitigating circumstances were taken into account.

He accepted the defendant had co-operated with gardaí, and valued his early plea in the matter.

He credited how McAuley, despite the “criminal lifestyle” engaged in during his early years, had led a “law abiding” life until “embarking foolishly” on establishing a growhouse at his home.

To the background sound of sobbing from McAuley’s partner in the gallery, Judge Aylmer reduced the sentencing term to four years.

Had McAuley the benefit of genuine references from the community “not forged”, Judge Aylmer suggested he may have considered imposing a jail term of three-and-a-half years, with the final 12 months suspended.

He went on to say that the question of forging references for the court was a “matter for the DPP” to now investigate. “It amounts to a very serious offence,” said Judge Aylmer. “I make these remarks, to be noted by the State Solicitor, but it’s a matter for the DPP to consider as she sees fit.”

At the conclusion, McAuley, dressed in a jacket and jeans, shook his head as his tearful partner went to hug her fiancée before the defendant was led from the court in cuffs by awaiting prison staff.