Rachel Allen's son Joshua withdraws appeal against cocaine possession conviction

The withdrawing of the appeal will potentially trigger a 15-month suspended sentence he previously received for a more serious drugs conviction involving the possession of over €22,000 worth of cannabis for sale or supply.

Mr Allen of Ballinamona, Shanagarry, Co Cork appeared at Midleton Court today for the hearing of the State appeals list.

State Solicitor John Brosnan said that Mr Allen had withdrawn his appeal of a two month sentence imposed in September 2020 at Midleton District Court and was entering a guilty plea.

Mr Allen’s solicitor Don Ryan confirmed that this was the case but said that his client still contests the severity of the sentence. Allen had been convicted of the possession of €280 of cocaine in Midleton, East Cork.

Judge Helen Boyle remanded the 21-year-old on continuing bail until his appearance before Cork Circuit Court in Cork city on May 20th next.

This conviction could trigger the revocation of a partly suspended sentence he received in 2020 for arranging to have €22,000 worth of cannabis posted to himself.

Mr Allen will find out in May whether he additionally faces a 15-month prison sentence for cannabis sale and supply for an offence dating back to 2018 which was before the Circuit Court in Cork in March, 2020. .

The minor drugs conviction last September was a “triggering offence” in relation to that conviction.

Mr Allen had been expected to appeal the two month sentence he received last year for possession of less than €300 of cocaine in East Cork.

Allen had pleaded not guilty to a charge that on July 10, 2020 at the Pontoon, Midleton, Co Cork he had unlawfully in his possession a controlled drug, namely cocaine contrary to the Misuse of Drugs Act.

In September of last year Judge Alec Gabbett jailed Mr Allen for two months having convicted him of the offence. Defence solicitor Don Ryan lodged an immediate appeal and bail was granted in the case.

Mr Allen had been released from prison just over a month before the offence took place.

His re entry case will now be heard on May 20th next at Cork Circuit Criminal Court.

Mr Allen has six previous convictions for drugs related offences all arising from a single incident two years ago.

He had received a 15-month custodial sentence with 15 months suspended at Circuit Court level in 2020 after he pleaded guilty to possession of over €22,000 worth of cannabis for sale and supply.

He was arrested over three years ago after customs officers at Portlaoise Mail centre became suspicious about a package addressed to Joshua Allen which mailed from the United States. The 30-month sentence, with 15 months suspended, was imposed after he had attended residential treatment for drug use.

The case for which Mr Allen received a two-month sentence in September of last year involved an incident at about 11.25pm on July 10th, 2020 at the Pontoon in Midleton. He had entered a not guilty plea in relation to this offence and was protesting his innocence until the entry of a guilty plea today.

At the hearing of the case last September gardai said that he had thrown something in to the bushes when he was approached on the Pontoon in Midleton. In evidence to the court he vehemently denied throwing anything in to the bushes when gardai approached youths following a noise complaint on the pier.

Mr Allen insisted that the garda who gave evidence had made a “mistake” and that he was not in possession of drugs.