Drug dealer with a €76k haul may avoid jail - Judge
CIARA GALVIN REPORTS FROM THE CIRCUIT COURT WHICH HEARD A 26 YEAR OLD MAN WAS TOLD IF HE DID ‘A FEW JOBS’ HIS DEBT WOULD BE WRITTEN OFF
A drug dealer who was caught with over €76,000 worth of cocaine, cannabis and Xanax is still receiving threats from the people he was storing them for, Sligo Circuit Criminal Court has been told.
Eamon Dolan of Avondale, Ballytivnan was before the court for a sentencing hearing where it was detailed that on February 8th, 2019 at Avondale, Dolan was stopped by gardaí and two bags of cannabis were found in the back seat of his car. Garda Kevin Donegan told the court a warrant was later executed at his property resulting in the discovery of a quantity of cocaine, Alprazolum (Xanax), a ‘ tick list’, a digital weighing scales, spoons and other drug paraphernalia.
Dolan was in possession of €19,894 worth of cannabis, €55,419 worth of cocaine and €1,170 worth of Xanax, the total being €76,483.
When questioned by gardaí in relation to how he got the drugs, the 26-year-old father of one failed to comment.
Later he told gardaí someone had put the cannabis in the back of his car for him to drop off somewhere.
The gardaí were told he did not have enough money to pay off debt and he was told to hold drugs for a while and he was then intimidated.
Dolan was charged with three drug possession charges for each of the drugs, three possession of drugs for sale or supply charges, all of these were taken into consideration and one overall charge of possession of drugs for sale or supply was pleaded to by Dolan.
The court was told Dolan had forgot the cocaine was at his house.
Garda Donegan said the majority of the drugs found were being stored for someone else but he said Dolan may have been ‘chipping off at the cocaine’ to sell it.
He said the evidence suggested Dolan was a ‘ low level drug dealer’ who was given drugs to sell but also some to hold on to.
Representing Dolan, Mr Desmond Dockery, SC, instructed by Mr Keith O’Grady, BL, and solicitor, Mark Mullaney, said his client had no previous convictions.
He said Dolan was told if he did ‘a few jobs’ and ‘a few runs’ the debt would be written off.
The court was also told Dolan had other financial debts of approximately €7,000.
Garda Donegan confirmed to the court that he was aware Dolan was afraid of the people he had stored the drugs for and had received threats since being charged on these offences.
Mr Dockery outlined that his client had a history of mental health issues and the threats had added to these issues.
He added that Dolan had developed an addiction to Xanax for his anxiety issues and Garda Donegan was asked about this.
The garda said the Xanax found may have been for his own use.
Mr Dockery outlined that Dolan was a father of one child who was now three years old and was in a stable relationship for six years.
The court was told he works full time for a cleaning company and a reference was handed into the court.
Dolan’s brother in-law, Tony Stewart told the court Dolan was a dedicated family member and a very hard worker who represented Sligo Rovers at under age level.
Mr Dockery said Dolan apologised to the gardaí for wasting their time and held his hands up for the mistakes.
He said Dolan realised a sanction would have to be given, but hoped it would be one that could be undertaken within the community.
Mr Dockery said Dolan came from a ‘good upstanding family’ and that his current employer was aware of the charges he was pleading guilty to, but was still happy to continue employing him into the future.
A character reference from Councillor Gino O’Boyle was also read into the court.
Cllr O’Boyle described Dolan as ‘courteous and polite’ and the councillor said he had a good rapport with Dolan.
The court was told Dolan had previously given up a job to take up online learning, however, when his partner became pregnant he became under financial strain and was drawn into the situation.
“He regularly receives threats and his partner receives them,” said Mr Dockery, adding that he had ceased all involvement with the drugs trade despite the threats.
He said Dolan was stressed at the time his partner became pregnant and was abusing drugs. Mr Dockery said his client was a young man ‘with a lot of living left to do’ and would not thrive in a custodial environment.
Judge Francis Comerford described the case as ‘very serious’ and said the quantity and value of the drugs was very high.
He said Dolan was providing a very useful service to these people by storing the drugs for them.
The judge said Dolan did work as a drug dealer also, though this was a grey area he had admitted the equipment was his.
“The organisers insulate themselves from the risks. The court has to recognise the damage done to society,” said the judge.
He noted the presumptive minimum sentence was 10 years and said he would be considering one considerably less than that.
Judge Comerford said aggravating factors of the case were the amount of drugs, the level of involvement from storing, transporting and to some level, dealing.
However, the judge noted Dolan was a person entering into the situation in a weak position given his addiction issues and owed money to dealers and was then subjected to threats.
“His involvement was founded on that,” said the judge.
Indicating a headline sentence of four years in prison, the judge said Dolan was entitled to significant mitigation.
He said a sentence did have to give an indication of the seriousness of the crime.
“I accept Dolan himself was harmed and caught in the cycle.
“The first time you buy from a drug dealer you hurt yourself, but you also enter a sphere where they can threaten you.”
Judge Comerford said the value of the drugs warranted a prison sentence, but said gardaí believe Dolan is no longer involved in drug dealing and he had a supportive family.
The judge adjourned the matter to October 6 th for sentencing and indicated that providing there was no convictions recorded in the interim he may consider community service.
A destruction order was made for the drugs by An Garda Síochána.
THE JUDGE NOTED DOLAN WAS A PERSON ENTERING INTO THE SITUATION IN A WEAK POSITION GIVEN HIS ADDICTION ISSUES, OWING MONEY TO DEALERS AND WAS THEN SUBJECTED TO THREATS