Probation for man who obstructed police by trying to swallow drugs evidence

Ben McCarthy (41), of Rouge Bouillon, pleaded guilty to possession of the class B drugs cannabis and Subutex in Green Street on 15 August and to obstructing a police officer in the course of his duty on the same occasion.

The Magistrate’s Court heard that a plain-clothes police officer watched McCarthy cycle to a property in Green Street and come out moments later and cycle back toward the Tunnel.

The officer indicated for him to stop and pulled out his warrant card to show he was a policeman. When McCarthy stopped, he was ‘hesitant and nervous’.

Centenier David Webber said this prompted the officer to conduct a search of the defendant. His backpack was found to contain drugs paraphernalia, including syringes.

The court heard that McCarthy then put his hands in his pockets and tried to put a white wrap in his mouth but was stopped from doing so by the officer.

The officer grabbed his arm and as they grappled, they both fell to the ground, where they struggled for about 20 seconds. Another police officer in a passing car saw the incident and went to help her colleague.

When McCarthy was searched he was found to have a small piece of cannabis and 96 mcg of bupronorphine, which has the brand name Subutex.

By committing the offences, McCarthy was in breach of a community service order. However, as he subsequently completed the order, no separate penalty was imposed.

Advocate Estelle Burns, defending, said that McCarthy has had problems with drink and drugs over the years but was now on a methadone reduction programme. ‘He has lost his way a few times in the last few years but is on track again,’ she said.

Relief Magistrate Sarah Fitz said that she could see from the social inquiry report he was making serious attempts to deal with his difficulties.

‘It is clear that you are making strides to deal with it and please take the opportunity to use the support that will be given,’ she said.

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