The main target of a west Clare Garda undercover drugs operation was intercepted by Gardai on his way to carrying out a burglary of a home owned by two elderly brothers in rural Clare.
That was the allegation made at Kilrush District Court yesterday by Supt Seamus Nolan where he further alleged that Damian Hally (30) of Cosy Cottage, Moyasta, Kilrush requested undercover Gardai to get involved ‘in a job’ to carry out the burglary of the brothers’ home in north Clare.
In evidence, Garda Donal Corkery said that it will be alleged that Gardai intercepted Mr Lally on April 10th 2013 at Clonbony, Miltown Malbay and found in the car pepper spray used to incapacitate a person.
Garda Corkery said that Mr Hally is facing a separate charge concerning a green sports bag found in the car and the charge lists the items from the bag to include a lump hammer, a claw hammer, a hacksaw, red handle plyers, orange handle pliers a screwdriver, a steak knife, a Philip’s screwdriver, a flat head screw driver, a butter knife, three hacksaw blades and a silver torch.
Supt Nolan said: “They were on en route to the location of the brothers’ home when Mr Hally was intercepted.”
Garda Corkery said that Gardai had earlier obtained a surveillance order that allowed the undercover Gardai record conversations they had with Mr Hally during two meetings in April 2013.
Garda Corkery added that the undercover Gardai were posing as drug users as part of Operation Luxor that was in place to target the sale and supply of drugs in west Clare.
Supt Nolan said that it will be alleged that Mr Hally was the principal target of Operation Luxor.
Garda Corkery said that during an interaction with Mr Hally on March 29th 2013, “Mr Hally requested the assistance of the undercover Gardai to conduct what he called 'a job' in which he identified a target house where two elderly brothers lived-in north Clare”.
Garda Corkery said that at a meeting on April 4th 2013, the undercover Gardai met with Mr Hally and this conversation was recorded where he identified the target house in north Clare.
The garda told the court that at a further meeting on April 10th, Mr Hally told the Gardai of a location in north Clare where he had the pepper spray and the other items including the lump hammer and the claw hammer. He said: “These items are in court.”
Supt Nolan said: “The State will allege that the items were to be used in the job in relation to the house owned by the two elderly gentleman.”
Garda Corkery said that “Mr Hally directed the undercover Garda to a location in north Clare where these items were removed by him from a ditch and brought into a car. Gardai later stopped that car that Mr Hally was travelling and recovered these items .”
Garda Corkery said that the house owned by the two elderly brothers “was the end target” and this is shown in the recorded conversations.
Garda Corkery said that the State will also allege that Mr Hally sold cannabis to the value of €50 to undercover Gardai in Tesco Car Park on the Ennis Rd in Kilrush on February 4th 2013.
He said that the State will also allege that Mr Hally sold cocaine to the value of €100 to undercover Garda in the Tesco Car Park in Kilrush on March 29th 2013 and sold on April 4th 2013 heroin to the value of €50 and cannabis to the value of €425.
After hearing an outline of the evidence in the case, Judge Patrick Durcan said: “I will accept jurisdiction for the moment. I will hold onto that position until I think about it further.”
In the case, Mr Hally is charged with the sale and supply of cannabis at the Tesco Car Park in Ennis on February 4th 2013; the sale and supply of heroin and cannabis at the Tesco Car Park on April 4th 2013 and the sale and supply of cocaine at the Tesco car-park on March 29th 2013.
Mr Hally is further charged with the unlawful possession at Clonbony, Miltown Malbay on April 10th of pepper spray made for the use of causing injury or incapacitating someone and possession of the named items in the green sports bag on the same date at the same location with the intention that they be used in connection with a burglary.
Judge Durcan granted legal aid in the case and ordered that the State provide disclosure of materials in the case to the defence.
Judge Durcan adjourned the case to April 21st where he will hear if Mr Hally is to plead guilty or not guilty.
