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The Court of Appeal dismissed an appeal against conviction arising from a jury trial in the Circuit Court, where the appellant was found guilty of importing and possessing controlled drugs for sale or supply. The appellant sought to introduce a new ground on appeal, alleging that prejudicial hearsay evidence regarding Garda surveillance was wrongly admitted at trial. The Court refused to allow amendment of the notice of appeal, finding that trial counsel had made no timely objection, the defence had focused deliberately on lack of knowledge rather than admissibility, and no fundamental injustice was shown. The Court held that only in cases of fundamental procedural unfairness could a new ground be entertained on appeal when not raised at trial, which did not occur here. The conviction and original orders of the Circuit Court were upheld.
appeal against conviction – controlled drugs – importation – unlawful possession for sale or supply – jury trial – notice of appeal – admissibility of evidence – hearsay – trial counsel – fundamental injustice – direction to acquit – judicial discretion – amendment of grounds – Circuit Court – Court of Appeal – Misuse of Drugs Act 1977
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