Aganauskas -v- Garda Corcoran

• Judge: O'Shea J.
• Judgment Date: 03 April 2018
• Neutral Citation: [2018] IEDC 11
• Case Outcome: Approved
• Court: District Court (Ireland)

THE DISTRICT COURT

DUBLIN METROPOLITAN DISTRICT

In the Matter of the Police Property Act 1897,

the Criminal Justice Act 1951 and

an Application for the Delivery of Property

in the Possession of An Garda Síochána

VYTANTAS AGANAUSKAS

CLAIMANT

- AND -

GARDA FINTAN CORCORAN

RESPONDENT

Judgment delivered by Judge Brian O’Shea at Dublin District Court on the 3rd day of

April 2018

1. Pursuant to a warrant issued by a judge of the District Court the respondent seized

money comprising €23,220 and £1,750 sterling. The claimant seeks delivery of that

property to him on the basis that he is the owner thereof within the meaning of the Police

Property Act 1897.

2. Subsection 1(1) of the 1897 Act provides: “Where any property has come into the

possession of the police in connexion with any criminal charge … a court of summary

jurisdiction may, on application, either by an officer of police or by a claimant of the

property, make an order for the delivery of the property to the person appearing to the …

court to be the owner thereof, or, if the owner cannot be ascertained, make such order

with respect to the property as to the … court may seem meet.” Section 25 of the

Criminal Justice Act 1951 provides that such order may be made in the absence of any

related charges.

3. The respondent gave testimony that on 28 October 2017 he witnessed a transaction that

occurred between the claimant and a third party. This involved controlled drugs and an

unspecified sum of cash. The drugs were placed in the boot of a car and driven from the

scene by the third party. Gardai followed the car, stopped it, and seized €5,000 worth of

controlled drugs.

4. Following the aforementioned transaction, a garda followed the claimant to his home

address. A search warrant for that address was obtained. The property was searched

and €5,000 worth of cannabis was seized. The cannabis was in similar packaging to that

located in the car. Pursuant to section 7 of the Criminal Justice Act 2006 the gardai also

seized €23,220 cash and £1,750 sterling. The sums were in small denominations. That

property is the subject of this application.

5. Arising from the foregoing two suspects were charged with possession of drugs for the

purpose of sale or supply contrary to section 15 of the Misuse of Drugs Act 1977 as

amended. These were the third party who was the driver of the car and a woman who

presented at Store Street garda station on 30 October 2017. Following utterances she

made she was arrested and questioned in relation to the cash and drugs found at the

claimant’s home. The claimant was not charged. The exhibits, including the two separate

quantities of drugs and the money, were put to all of the suspects but nothing of