ILLICIT TOBACCO SELLER IN COURT

A man who said he was selling illicit tobacco and cigarettes because of competition from Lidl and Aldi must spend another month in custody.

Noel Kavanagh (50) of Thomas Street, Drogheda admitted the Revenue offences which took place on the 12th May 2016.

Dundalk circuit court heard last month that a Revenue officer did a test purchase at Kavanagh’s mini-market at Crushrod Avenue, Drogheda and asked the accused if he had tobacco.

He took a packet from behind the counter and charged the officer €12 for it.

At the same time other Revenue officials searched Mr Kavanagh’s home and when Mr Kavanagh heard this, he said, ‘I put my hands up for it.’

None of the cigarettes or tobacco had tax stamps on them and the loss to the exchequer was approximately €10,000.

In all 16,520 cigarettes and 11.19 kilos of tobacco were found in the house and 720 cigarettes and tobacco were found in the shop.

The accused said he was selling tobacco with duties not paid on it, ‘ to compete with Lidl and Aldi,’ and he had purchased the items off a person in Dundalk.

He has one previous conviction for a similar offence dating from 2013.

The earlier court heard Mr Kavanagh had co-operated with the investigation, is now on disability benefit and does charitable work.

He was remanded in custody until the sentencing date last week. Judge Martina Baxter said he has a previous conviction for a similar offence which did not impress the court.

She imposed a 6 month sentence, with 4 months suspended for the offence in the shop and imposed 18 months with 16 months suspended for the offence at his home.

As part of the conditions for the sentence being suspended, he must participate in a programme addressing his decision making process, attend an employment agency and not re-offend.