The Court of Criminal Appeal yesterday overturned the conviction and 51/2-year sentence imposed on a Co Meath man for possession of six kilos of cannabis for supplying it to others. A retrial was ordered.
Mr Paul Coddington of Marion Villas, Laytown, was sentenced by Dundalk Circuit Criminal Court on May 11th, 1999. The court heard that he was arrested by gardai after driving his car to Sheep grange, Drogheda, on May 19th, 1997, where a man was earlier seen to dump plastic sacks into a ditch which, when examined, were found to contain cannabis.
Granting Mr Coddington's appeal yesterday, Mr Justice Murray, sitting with Mr Justice Johnson and Mr Justice Kelly, said the trial judge had said the accused had not given evidence at his trial.
He also said he had not done so in the context of a failure to provide an innocent explanation for the presence of £27,920 in sterling and Irish currency found by gardai in his home after his arrest.
This was done without any direction by the trial judge that no inference was to be drawn from Mr Coddington's failure to give evidence.