A THIRTY-year-old woman, convicted and sentenced to three years in prison for the possession of drugs with the intent of sale or supply, has had her application denied by a District Court judge to have money seized during a garda drug raid returned to her. During a garda raid in February 2008, Lee was at her apartment on Hartstonge Street when gardai found her in possession of €845 in cash and 37 deals of heroin worth almost €1000.
The subsequent Limerick Circuit Court case found Ms Simone Lee guilty of two counts of breaches of section 15 of the Misuse of Drugs act 1977, and on February 26, 2009, was sentenced to three years in prison with the final year suspended.
The court was told, that Ms Lee – currently on temporary release – was made aware that the state had sought to retain the money as they believed it to be the proceeds of criminal activity or profits from selling of drugs.
Ms Lee made an application to have the money returned to her at Limerick District Court.
Taking the stand, Ms Lee told the court that in February 2008 she withdrew a sum of money from her Credit Union account to “pay bills and pay back money to my sister”.
Sarah Ryan, solicitor for Ms Lee, told the court that her client was in full time employment for some 10 years and had been awarded a sum of money in relation to a claim towards the end of 2007. Ms Lee added that the money was for rent and bills including an outstanding Chorus bill. Inspector Seamus Ruane, cross-examining Ms Lee, noted that it was his belief, and that of the state, that the money was connected with the sale of drugs, as during the raid Ms Lee was found in possession of 37 deals of heroin worth €25 each, and a “substantial sum of cash”. He added that it was intention of the state to retain the money.
The court heard that during the initial interview in which Ms Lee was questioned after the drugs find, she stated that the money was for “rent and bills,” and that she was notified, while signing in at Limerick Prison during her temporary release, of the position of the State regarding the money. Inspector Ruane, put it to Ms Lee that on February 6, 2008, as stated, she withdrew €1800 from her account and as alleged, was for “rent and bills”. He then put it to Ms Lee that some 23 days later, when gardai called to search her apartment, she was still in possession of a “significant amount of money”. He also noted that 37 deals of heroin were found with the money.
The Inspector put it to Ms Lee that the money was the proceeds of drug dealing and not in fact, from the Credit Union, as stated in court. Judge O’Donnell, after hearing the evidence, refused the application made by Simone Lee and ordered that the money be forfeited to the state and not returned to her. The case was adjourned.
