Man told he could go to prison

A Dundalk man who had never been in trouble before and was found with drugs worth over €7,000 almost missed his chance to do community service after the district court’s new judge said he could jail him instead.

Conor Hanway, (22), 3 Bothar na Feirme, admitted at an earlier sitting of Dundalk District Court four counts of having drugs for sale or supply at that address on January 9 last year. Judge Flann Brennan who heard the case originally was told how Gardai had received complaints about drug dealing in the area and had mounted a surveillance operation.

They searched the house after getting a warrant and found cannabis, worth €6,994, cocaine worth €166 and 100 tablets, worth €200, along with weighing scales and deal bags. Hanway was arrested and admitted having the drugs for sale or supply. He has no previous convictions.

He got involved in drugs because he needed money to pay for a car he had damaged. Mr Lavery said there were unusual elements to the accident because Hanway had crashed into a car and then left the scene without being detected. But the defendant went to the Gardai and admitted what he had done.

The defendant undertook to pay the money back, Mr Lavery said, but ‘very foolishly’ got involved in dealing. Hanway had been smoking cannabis at the time.

Mr Lavery said Hanway ‘ had never done it before and it was a huge mistake on his part’. He said his client is ‘otherwise of very good character’ .

Hanway has since had counselling and ‘no longer takes drugs or associate with people like that’.

He is to become a father for the first time shortly and is working full-time. Mr Lavery said: ‘I ask you to consider him as a man who made a terrible mistake, but has otherwise led a good life, done his best to make amends and this is not who he is’.

Judge Brennan said he was willing to consider community service and recommended 170 hours instead of an eight month jail term.

The case had been adjourned to last week and a probation report showed that Hanway had been deemed suitable for community service.

But when the new Dundalk judge, John Coughlan, heard the amounts involved he said: ‘I have read the report, I’m giving him custody’.

Mr Lavery pointed out that Judge Brennan had stated it would be community service if Hanway was found suitable, which he had been, but Judge Coughlan replied: ‘ The law says I don’t have to follow the probation report’. Mr Lavery said Judge Brennan heard the case and he asked for the case to be adjourned to April 5 when it is expected Judge Brennan will sit.

Judge Coughlan adjourned the case, but told Hanway: ‘You come before me again and you’re going away for a long time’.