Ballymote man jailed for 22 months for possession of drugs worth €105k

A JUDGE sentenced a father of five found with over €105k of drugs and €18k of cash to 22 months’ imprisonment at Sligo Circuit Criminal Court.

Gerard Clarke of Castleburn Estate, Ballymote, pleaded guilty to possession for sale or supply and was sentenced to 40 months’ imprisonment – 18 of which were suspended. Counsel for the defence, Mr Eoin McGovern, told the court that Clarke was fully co-operative with gardaí and had pleaded guilty at the earliest opportunity.

The prosecution was led by State Solicitor Ms Elisa McHugh and Counsel for the Director of Public Prosecutions, Mr Leo Mulrooney.

Detective Garda Eamon McDonnell, who was called as witness, gave evidence before Judge Francis Comerford. He told the court Clarke had pleaded guilty to the section 15a charge on June 17, 2021.

He said after obtaining a search warrant, Clarke’s address at Castleburn was searched on January 16, 2020. When gardaí arrived, the door was unlocked, and they entered the house.

Shortly afterwards, Clarke arrived back from the shops with his partner and children. The family were permitted to leave while he stayed as gardaí undertook the search. He indicated to them there was a large quantity of cannabis in the garage where gardaí discovered four vacuum packed 1kg bags.

Gardai later valued the total value of the drugs at €105,732. Clarke informed Gardaí he owned it and was storing it for someone else.

When asked if there was anymore, he replied there was another 1kg in his truck parked outside. The truck was also searched, and the drugs found. Garda Donegan proceeded upstairs to continue the search and discovered a significant amount of cash in a back bedroom cupboard which amounted to €18,415.

Clarke’s response was that he was holding it and waiting for it to be collected later.

Following his arrest and conveyance to Ballymote Garda Station, he was later questioned.

From questioning, Gardaí learned that Clarke lived at his address for 14 years and had been in employment mainly delivering bread, moving cars for various garages and working as a courier.

His primary involvement in drugs was in holding boxes for a day before they were collected and moved on again.

The court head that Clarke’s involvement came about after he started taking cocaine and built up a large bill.

He said at one point the bill had reached €36,000. He had reduced it to €18,500.

Gardaí found no evidence of drug dealing by the accused on his mobile phone.

Clarke told them there were serious threats made against him from Dublin and he would face consequences. He was struggling to keep up the repayments and had to sell off his jeep to help pay off some of the bill.

Garda McDonnell said Clarke had expressed his remorse to them as well as his family.

The court heard Clarke had 11 previous convictions, all road traffic matters.

Counsel for the defence, Ms Dara Foynes SC, pictured right, said her client was never addicted but had a bad habit. She said there was a direct correlation between an increase in him taking drugs and the loss of his and his wife’s baby not making it to full-term. He had got into debt.

Garda Clarke confirmed to her that the accused was fully co-operative when they searched the house telling them where the drugs were.

He said Clarke told them he was delighted he was finally caught. As for the debt, Clarke told gardaí it had increased over a five-to-ten-year period. Once the bill had doubled, he said he could no longer manage and became afraid for himself and his family.

Ms Foynes contended there was a high level of fear involved and Garda McDonnell agreed. He also agreed Clarke hadn’t come to attention since and added he would even salute the garda sometimes when passing him on the road.

Ms Foynes proceeded to outline her client’s character references, including those from the parish priest and his employers, which described him as hardworking, honest, reliable and family-orientated.

She explained he was carrying an enormous weight because he had been used but he hadn’t profited from it.

She added he was completely drug-free now.

She asked the court to consider handing down a suspended sentence adding the probation report was exceptional.

It indicated he was at a low risk of reoffending and recommended a non-custodial sentence.

She reminded the court he was relieved that the difficult period he had gone through was ending.

He had told Foynes he regretted not seeking support from his wider family, including his parents and sister, and agreed with her it had such a detrimental impact on his mother she couldn’t attend court. Ms Foynes said she had never seen such a favourable probation report which was meant to help the court rather than defend her client.

She also said his excellent work record was exceptional. In his guilty plea, he had saved the time and expense of a jury trial. He also had accepted what he did.

Judge Comerford said in the circumstances he couldn’t see how a non-custodial sentence would be handed down, adding there was a very strong plea

Counsel for the Defence Dara Foynes SC.

made. He said he was going to consider the matter and adjourned sentencing until last last Friday.

In sentencing, Judge Comerford said Clarke’s situation was only going to end in harm for someone.

He was both a slave and a victim to the drugs barons, but also a participant – someone they could trust and leave vast sums of money with.

He was beyond a courier, and at a higher level than that.

Yet he wasn’t one of the people making large sums of money. Clarke himself said it was a silly mistake and an act of stupidity, the judge said. He also said he would also take into consideration Clarke’s relief at being caught by gardaí and their evidence indicated he had fully turned away from crime.

He referenced Clarke’s “very favourable” probation report. He said he fell into the trap of the drug dealers by starting to take their cocaine, and the judge said it was a case where he accepted Clarke did become involved in that way.

He also noted the strong evidence from his employer who said the defendant was a hardworker and reliable.

Regarding Clarke’s partner and five children, the judge said he was aware of research, particularly a UK study, done on the effect of imprisonment on children.

The judge said it was an aggravating factor, not a mitigating factor, therefore fundamentally Clarke had responsibility. Yet a parent cannot use a child as a “human shield” for their wrongdoing.

However, he acknowledged failure to consider the collateral impact of the sentence may result in a disproportionate sentence not a proportionate one.

In relation to the probation report, the accused demonstrated remorse, shame and empathy towards those

impacted. He was aware of the impact on the family and wider community. He was relieved he was no longer involved on the sale and supply of drugs.

The defendant was motivated and committed to move forward and improve his life.

He was a caring and committed father. And he had indicated the situation was impossible to get out of, his relief at getting arrested and being fully honest with his family were all significant. He received a promotion as a manager.

According to the report, it would be “detrimental” to receive a custodial sentence. The judge said it was one of the “weightier” reports he had read.

Whilst favourable, and obviously more offender focused, however it was one goal of sentencing.

Also included in sentencing is the criminal damage and there were lots of direct victims of drug dealing.

The courts also say there must be a deterrent. Judge Comerford said he thought it was better for Clarke not to go to prison as it would be more productive for his family and himself.

But in the context of harm caused to others and the amount of drugs involved and the fact he was trusted to hold the money, no matter how the judge dealt with it, the circumstances were not exceptional, and a non-custodial could not be imposed. He indicated the culpability and involvement were sufficiently high and quoted the headline indication of 60 months’ imprisonment as the starting point. The judge also factored in the substantial nature of involvement in a criminal act, the quantity of drugs and the fact he didn’t operate for profit. In respect of no previous convictions, he said he could not treat it as a first-time offence. Considering the early plea, admission, and co-operation to gardaí – on that basis, a more appropriate sentence would be 40 months.

The judge said he was satisfied that the prospects for rehabilitation meant it was an exceptional case. He determined that factoring in the impact on the family was best done by suspension. In effect, he said Clarke would serve 22 months in prison with 18 months hanging over him. His terms were keeping the peace and good behaviour from that date and for one year upon release, as well as complying with all instructions of the Probation Service, including addiction advice.