Two men caught cooking cocaine when gardaí raided a flat are jailed

Gary Ibbotson 18 Jan 2023

By Sonya McLean

Two men who were caught cooking cocaine when gardaí raided an apartment to search for drugs have been jailed for a total of 62 months.

Aivar Kuura (40) of North Circular Road, Dublin 7, pleaded guilty at Dublin Circuit Criminal Court to possession of cocaine and heroin at his home on October 16, 2020.

He has 17 previous convictions including a drug dealing offence from 2010.

Michal Pozniakow (43) of Woodleigh Way, Blessington, Co Wicklow, pleaded guilty at Dublin Circuit Criminal Court to cultivation of cannabis at his home and possession of cocaine at Kuura’s flat on October 16, 2020. He has three previous convictions from 2014 for the possession and cultivation of drugs.

Judge Martin Nolan accepted that Kuura made admissions but noted that he had a previous conviction for drug dealing.

He sentenced him to three and half years in prison.

He said that Pozniakow had clearly been involved in cooking the cocaine and had also been cultivating cannabis.

He noted that he had previously been given a chance, in the form of a suspended sentence, for a similar conviction in 2014. Judge Nolan jailed Pozniakow for 21 months.

Garda Owen Brady told Caroline Cummings BL, prosecuting, that gardaí raided Kuura’s Dublin flat that afternoon having secured a warrant.

They immediately got a strong smell of drugs on the premises.

They found Pozniaknow in the kitchen area of the studio flat cooking cocaine into crack cocaine and Kuura sitting beside a table that had weighing scales and crack cocaine rocks on it.

The 102 grammes of cocaine that was seized in the flat that day had an estimated street value of €7,504.

A further search of the flat led to the discovery of two separate stashes of heroin, worth an estimated €46,400, in the bedroom area which was hidden in a wardrobe.

Both men were arrested and Kuura admitted that he had allowed his flat to be used to cook cocaine.

He admitted to allowing the heroin to be stored there too.

Gda Brady said a further warrant was secured to search the home of Pozniakow in Blessington where a “sophisticated growing operation” for cannabis plants was discovered.

There were a number of tents set up in different bedrooms, along with feed for the plants, light bulbs, fans and vents.

There were seven mature cannabis plants which had a total value of €5,600. Younger plants were also found in different tents in other bedrooms in the property.

Pozniakow told gardaí it was his role to oversee the cooking process in Kuura’s flat and ensure it was done correctly.

Gda Brady agreed with Dominic McGinn SC, defending Kuura, that his client, who is originally from Estonia, came to Ireland in 2003.

He has been on disability benefit for many years after being diagnosed with a long-term illness in 2008.

Giollaíosa Ó Lideadha SC, defending Pozniaknow, said his client had a long-standing drug addiction and mental health issues. The garda agreed that there was “no signs of wealth” in Pozniakow’s home.

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