A judge has rubbished the account put forward by a 34-year-old man charged in connection with a County Fermanagh cannabis factory.
Appearing by videolink from police custody was Vytautas Mikaila from Crom Lane, Newtownbutler who is accused of possessing and cultivating cannabis with intent to supply.
A police officer told Dungannon Magistrates Court she believed the charges could be connected.
She explained police were conducting a mobile patrol in Newtownbutler village on 10 May when they encountered a strong smell of cannabis.
Investigations revealed it came more intense around a particular house, and the owner of the property gave police permission to enter.
On doing so: “An overwhelming smell of cannabis was detected” from an outbuilding.
A search of this revealed 42 adult cannabis plants in a foil-sealed area. Various items associated with cultivation were discovered including lights, filters and ventilation equipment.
In the living room, police found a jar containing approximately 50gms of suspected herbal cannabis, a rolled cigarette and a grinder.
Documentation was also seized including bank account details and identification material.
Mikaila was located in an upstairs bedroom and arrested.
During interview he claimed to have come to the property two months ago, after being homeless in Dublin since arriving in August 2020.
He stated: “While there, a Russian-speaking man approached him and offered the use of a house for free. This man drove the defendant to the address in Newtownbutler, where he lived alone and never paid rent.”
In addition: “A man called at the house every month, gave him £50 and told him to go for a walk.”
Mikaila claimed when he first moved in he was not aware of what was in the shed, but became suspicious by the humming noises. While he had accessed the shed he: “Never went through the second door.”
He denied any knowledge of the cannabis plants or the items located in the house and had no role in constructing the factory.
His presence at the property was voluntary, and he had not been forced.
When first realising there may be drugs in the house Mikaila: “Considered calling police but was afraid for his safety from the Russian man, although no threats of violence were ever made.”
Opposing bail, the officer said: “Police have concerns around a potential risk of flight and reoffending. He is a Lithuanian national with no family or social links to Northern Ireland or the Republic of Ireland. The cannabis plants have an estimated value of up to £25,000. There is also no alternative address.”
A defence barrister told the court: “There is little doubt this man was found at an address where there was a cannabis factory, however there were signs of poverty and no trappings of wealth. This has been seen before when criminal enterprises use those who are more vulnerable in society.”
It was stressed Mikaila provided two mobile phones to police but has assured nothing will be found on them connecting him to drug use in any form.
While the defence said the court may: “View the account given with some scepticism, there could be reasons for that.”
Throwing out the application District Judge Michael Ranaghan remarked: “I consider the defendant’s account to be nonsense. The unknown male who approaches the defendant and volunteers a house and money, then asks him to go for a walk, is rubbish. There is a clear case linking him to these offences. I am looking at drug finds of a significant value. Bail is refused.”
The case was adjourned to Enniskillen Magistrates Court for mention next month.
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