Cork man who claimed he was getting papers for his pet Chihuahua appeals €37k heroin conviction
A Cork man has appealed the drugs conviction that led to him being sentenced to 10 years in prison.
He had told gardaí that he was out getting papers for his pet Chihuahua when caught with more than €37,000 worth of heroin in his jeep.
Daniel Wyse (aged 36) of Glenfields Park, Ballyvolane, was charged with possession of the drugs for sale or supply at Halfway Crossroads, Rathduff, Co. Cork on February 15, 2014.
Gardaí had attempted to stop and search the Grand Vitara jeep Wyse was driving, and followed him into a cul de sac.
Wyse, who had a front-seat passenger, made a U-turn and attempted to drive past the garda car by mounting the embankment. However, his jeep hit a rock and slid down the embankment, colliding with the patrol car.
The ball-shaped package of heroin, completely wrapped in black tape, was found below the front passenger seat.
Wyse claimed he knew nothing about the heroin and had travelled to Limerick to get identity papers for his pet Chihuahua.
A jury found him guilty and Judge Seán Ó Donnabháin sentenced him to 10 years in prison in February 2016, suspending the last 18 months.
Wyse opened an appeal against conviction before the Court of Appeal today. His barrister, Seamus Clarke SC, raised a number of grounds of appeal.
He submitted that the trial judge should have directed the jury to acquit if it was reasonably possible that the accused did not know that the drugs were in the car.
He also argued that the judge’s charge had insufficiently dealt with circumstantial evidence.
Another ground of appeal was that the judge had not granted a second senior counsel in a case where there was a minimum 10-year sentence.
However, the issue that most exercised his client, he said, was ‘the insufficient addressing’ of the labelling and chain of custody of the drugs themselves. There had been an error in relation to two numbers on the label, he said.
Imelda Kelly BL, for the State, said that no requisition had been made in relation to circumstantial evidence or the labelling at trial.
She added that the granting of a senior counsel was a discretionary matter for the trial judge, and noted that the value of the drugs wasn’t significant.
Justice George Birmingham, presiding with Justice Isobel Kennedy and Justice Aileen Donnelly reserved judgement and will deliver it as soon as possible.
