52-year-old Hicham Settini was accused of stashing heroin in hanging flower baskets outside his home at Broad Lane, Great William Street, Cork. The charges of possession and dealing were dismissed at Cork District Court.
Garda Eric Brannigan told the court he discovered 36 small packages of heroin in the flower baskets at the rear of Settini's home. Settini denied having any knowledge of the drugs.
When asked by gardaí "Are you involved in the sale or supply of heroin in Cork City?", Settini replied "No."
"I found a plastic bag in a flower basket outside your bedroom at the back. 36 individual wraps of a brown substance. What is it?" Garda Brannigan asked the accused.
"I don't know, it's not mine," replied Settini.
When asked "Why are there 36 wraps of heroin in your house?" Settini replied "I don’t know."
While searching Settini's home, Garda Brannigan noted that the accused was receiving a lot of phone calls. "This phone has been ringing a lot. Is it people looking for drugs?" he asked. "No" was Settini's reply.
Solicitor Diarmuid Kelleher pointed out that Settini had no prior drugs convictions and that gardaí discovered the drugs while dealing with an unrelated matter.
"There is not one iota of a shred of evidence in relation to DNA, fingerprints, weighing scales, tick-lists, text messages, or anything to link him to these drugs," said Kelleher.
"There is no reasonable way I could convict," concluded Judge Marion O'Leary. "So I dismiss."