A man who moved into a rented property in south Kerry and began watering what he claimed he believed to be tomato seedlings growing in a polytunnel is to be jailed for 14 days for growing cannabis.
Father of five Daniel Johnson (34), of Garryglass, Cahersiveen, was charged with two counts of unlawfully cultivating cannabis and unlawfully possessing cannabis on September 18th, 2013.
The “tomato plants” that were growing in the polytunnel in one of four fields on the property turned out to be 19 cannabis plants. He never stopped tending to them, Judge James O’Connor noted .
“He showered water on them and all 19 shot up,” the judge said.
The matter could be disposed at District Court level if Mr Johnson entered a guilty plea a previous sitting had been told.
Mr Johnson accepted what gardaí found were cannabis plants, but he had genuinely believed the plants he potted up were small tomato plants. The tunnel already had tomato plant in it, he had insisted to gardaí.
Gardaí found the cannabis plants at various stages of growth. The plants were sent for analysis and turned out to be of the genus cannabis for which a licence is needed.
Each plant had a value of €800, Inspector John Brennan, prosecuting, told the court.
Mr Johnson told gardaí he began watering small plants which sprung up. Tomato plants had been growing in the tunnel previously and he thought what he was potting up were tomatoes.
He told gardaí that later they all started sprouting and the leaves were different and that’s when he realised they were not tomato plants.
His solicitor, Padraig O’Connell, told the court the polytunnel was now gone and his client had suffered “a seismic shock” .
He had never come to Garda notice before. He was not involved in sale or supply or cloak or dagger and didn’t have the “ mens rae” to commit serious crime.
“It’s a seismic shock to us all, given the story he told,” the judge said.
Mr Johnson was not engaged in any contact with anyone in the drugs sense, the solicitor added.
The previous court was told what was involved was “a crude operation”.
Mr Johnson told Judge James O’Connor his youngest child was aged one years old and the oldest was aged eight. Three of his children were Irish, he was English and his partner was English, and his father had been Irish, he said.
Judge O’Connor said there was “serious cultivation” .
“There was 19 plants being cultivated – serious for a place like Cahersiveen,” the judge said.
“You have young children, you should not be involved with this,” the judge said.
“This is the same as sale or supply there will have to be a custodial sentence... he will have to serve time,”the judge said.
Judge O’Connor said he was sending him to jail for 14 days, and afterwards there would be a conviction and a non-custodial sentence.
On a plea from his solicitor Judge O’Connor said he would allow Mr Johnson time to prepare himself for jail and he adjourned the matter March 12th next.
Legal aid was granted. Mr Johnson said he had no car and had travelled the 12 kms to court by bicycle.