Dealer is jailed for six months

The Oban Times - - News -

AN OBAN man has been sen­tenced to six months in prison for deal­ing crack co­caine.

James Hendry, 35, of 1 Hill Street, Oban, pleaded not guilty to a charge of sup­ply­ing crack co­caine and a sec­ond charge of sup­ply­ing di­amor­phine to a woman at the rear of Shuna Ter­race, Soroba, on Oc­to­ber 20, 2016.

PC Paul MacMil­lan, the first wit­ness called by procu­ra­tor fis­cal Eoin McGinty, told Oban Sher­iff Court on Wed­nes­day March 29 that he was on plain­clothes pa­trol with DC Alis­dair De­war at 9.30pm that night when he saw the woman wait­ing out­side Shuna Ter­race with a mo­bile tele­phone.

Cit­ing ‘sig­nif­i­cant in­tel­li­gence’, PC MacMil­lan said: ‘We both formed the opin­ion she was in the area to source drugs.

‘I heard her say, “James, is that you?” I then saw a male meet [her] out­side num­ber 22.’

Mr McGinty asked: ‘Who was it?’

‘James Hendry,’ PC MacMil­lan said.

‘He took some­thing out of his pocket and gave it to [her]. I took it that James Hendry was sup­ply­ing [her] with drugs.

‘We de­tained her. Be­fore be­ing asked, she said she had some crack on her, which she pro­duced.’

Dur­ing a search at Oban po­lice of­fice, the court heard, she said: ‘I got this off James Hendry.’

The court was then told a wrap of crack co­caine, weigh­ing 1.3g, was found in her jacket pocket, and two 1g wraps of brown pow­der, iden­ti­fied as di­amor­phine, were found in her bra.

Giv­ing ev­i­dence, the woman said: ‘I went to Shuna Ter­race to see James. James Hendry.’

‘Which did you get from James?’ asked Mr McGinty. ‘The crack,’ she replied. ‘But not the heroin?’ he asked.

‘No,’ she said. ‘I do not re­mem­ber where I got the heroin. I know that James Hendry was ef­fec­tively ask­ing me to carry drugs on his be­half.’

A third wit­ness, DC Alis­dair De­war, con­firmed £640 in cash was found on Hendry in his wal­let, for which Hendry gave of­fi­cers no ex­pla­na­tion.

Mr McGinty said a search also found a set of weigh­ing scales. ‘The items found at his home ad­dress are in­dica­tive of some­one con­cerned in the sup­ply of drugs,’ he summed up efence agent Ea­monn McGee­han pointed to the wit­ness’s ‘rad­i­cally dif­fer­ent’ ac­count of the ex­change in her state­ment. ‘Your la­dy­ship had to be sat­is­fied that Paul MacMil­lan saw what he said he saw,’ he said. ‘ We have two very dif­fer­ent ver­sions of the trans­ac­tion.’

Sher­iff Ruth Anderson QC said: ‘The fact there are th­ese dis­crep­an­cies adds to the reli­a­bil­ity of the po­lice of­fi­cer.’

Ad­dress­ing Hendry, Sher­iff Anderson said: ‘I am sat­is­fied be­yond rea­son­able doubt of your guilt to charge one, and I con­vict you.’

Mr McGee­han said: ‘A com­mu­nity pay­back or­der would al­low the drug prob­lem to be ad­dressed.’

Sher­iff Anderson sen­tenced Hendry to six months’ im­pris­on­ment, and or­dered. the for­feit of the £640.D

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