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Total Stories: 50          Published: Thu, Feb 22, 2007



Defendant invokes God's blessing on Magistrate


A native of Spain who now resides in Omagh shouted 'God bless' towards the Resident Magistrate after being sentenced to probation for possession of cannabis resin.

It was the tenth time Roberto Joseph Porter (45) of Slieve Coole Park has been convicted of possession of the Class C drug.

The court was told Porter was seen by police changing direction and dropping a package when he saw their mobile patrol on December 21 last year. On further investigation the officers found the cannabis resin and arrested the defendant, who was not fit to be interviewed for five hours due to his level of drug and alcohol consumption.

Defence solicitor Michael Fahy stated the cannabis was worth £60 adding that Porter came from a culture in Spain were it is 'the norm' to smoke Cannabis. He stated that the defendant is not a violent man and has no antipathy towards the police and forces of law and order. The drug, he said, was used 'for recreational purpose' and there was no suggestion that Porter had supplied drugs to others. Mr Fahy conceded, "It would be inaccurate to suggest he will not use cannabis again."

While conceding Porter's record for possession of cannabis is extensive the defence proposed a term of prison would not benefit the defendant or society.

Resident Magistrate Greg McCourt ordered the destruction of the drug and passed a sentence of two years probation. He said, "I agree imprisonment is not the answer but I hope a term of probation can help change your lifestyle. Breach probation however, and you will go to prison."

As he left the court Porter shouted at the Magistrate, "Thank you, God bless, thank you."

RM McCourt replied, "I don't know what to say to that."


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