Between/

Ruling of the Court delivered on the 10th day of May, 2016 by Denham C.J.

1. This matter was heard by a formation of the Court including the late The Hon. Mr. Justice Hardiman.

2. The Court is unanimous in its conclusion, therefore, the Court delivers the decision of the four members of the Supreme Court.

3. The Court finds unanimously that the evidence of the cocaine found in the package addressed to a Mr. Johnson Kelly, in Phibsboro, and the other items found there, i.e. cannabis resin and a forged driving licence, were admissible evidence at the trial of the respondent.

4. The Court finds that there was lawful authority for the interception of the package by the Gardaí, and, accordingly, there was no basis for contending that the evidence obtained should have been excluded.

5. In addition O’Donnell J. and Charleton J. express differing views as to whether the package was a postal packet. By reason of the Court’s decision as to interception this has no impact on the outcome of the case.

6. Thus, the question asked is answered by stating that there was no unlawful interception.