Father pays off €10k drug debt to Sligo gang for his son
A 34-year-old man robbed a headshop at gun point to pay off a drug debt, which his father eventually paid but after handing over the €10,000 demanded they came back looking for a further €10,000, Sligo Circuit Court was told.
On the second occasion the money was demanded, Gardaí got involved and the gang was told the family wasn’t paying over anymore.
Details of the transaction involving the family and the gang emerged during the sentencing hearing before Judge Keenan Johnson of Mark Harte who had pleaded guilty to robbing €6,716.44 in cash along with herbal drugs worth €3,000 at Cosmic Closet, Market Street on May 1st 2010.
Harte also admitted a charge of using a firearm during the robbery. After the robbery, Harte, a father of one, left for a new life in Spain and the court heard he was now managing restaurants in Barcelona and Ibiza. He was brought back to Ireland on a European Arrest Warrant and subsequently released on bail.
Sergeant John Walsh told Ms Dara Foynes BL with State Solicitor Mr Hugh Sheridan (prosecuting) that the money stolen from the shop had been kept in envelopes at the back of the shop.
At around 6.45pm, employee John McNamara was sweeping and cleaning up and was about to close the shop when the defendant came in. He had his hood up and he had a mask on. He also had a gun in his hand. He ordered Mr McNamara to go down on his knees. A second person had also come into the shop with the defendant.
He was then told to get up and get the money. Mr McNamara kept his head down and got the money. The envelopes were thrown into a holdall by the defendant who then ran off. Mr McNamara rang 999 on the shop phone and Gardaí were quickly giving chase to the getaway car. Gardaí pursued the car but Ms Foynes said there was a lot of traffic in town that evening because of a match and for the safety of the public they had to abandon the chase. The holdall was subsequently found at Oakfield Road having been thrown from the car and contained €5,900 in cash. The getaway car, a red Citroen Saxo was also located. DNA evidence was got from the holdall and it matched that of Harte who was subsequently brought in for questioning. He gave a flat denial of any involvement and during a second interview he also did not cooperate. Harte subsequently said he was under pressure and was doing it for other parties. The firearm was not recovered.
He appeared before the Circuit Court on March 28th last and pleaded guilty. Sgt Walsh told Judge Johnson that the defendant was brought back on a European Arrest Warrant having been arrested in Madrid in June 2016. He had been on bail of €10,000 since and had been coming over and back for court hearings. Harte would have been aware that the matter was under investigation but he had not been on bail when he originally left for Spain, said Sgt Walsh. Harte had eleven previous convictions, five road traffic, five public order and one for assault.
Sgt Walsh agreed with Mr Colm Smyth SC with Mr Keith O’Grady BL instructed by Ms Laura Spellman, solicitor that the robbery was set up in order for the defendant to pay money to people he owned. The witness also agreed that Harte appeared to have turned his life around having been involved with people who were deeply associated with the sale and supply of drugs in the North West.
Retired Detective Sergeant Con Lee, called on behalf of the defence, told the court that he was a personal friend of the defendant’s father Val and his partner.
He was aware at the time that the defendant was involved in the drugs scene. It seemed that the robbery was “set up by these people” in order to pay off a debt. He told the court he was familiar with the drug dealers who were main players in Sligo town. The debt was €10,000 and the defendant was put under pressure to pay it. His father Val agreed to pay €250 a week to a particular dealer to pay it off on behalf of his son. He didn’t want to get the Gardaí involved.
Mr Val Harte, who had been ill in recent times, was later approached a second time and was told the debt was €20,000 and not €10,000. It was at this stage that the witness said he was made aware of the situation. He met a person and he told them that no more money was being paid over and that he didn’t want any comeback on the family.
“I was later contacted and told that the matter was sorted,” said Mr Lee.
He agreed with Mr Smyth that if the money had not been paid back there would have been a threat to the defendant’s life and probably his car would have been burned out.
The court heard that the defendant’s employer was prepared to keep him and there were references in court. Mr Lee, who spent 33 years in An Garda Siochana, said he would be surprised ‘if the defendant ever appeared in this court again.’
He added: “I would certainly say he has turned his life around.” In reply to Judge Johnson, the witness said the matter of the money being paid over was reported to CAB. The Judge remarked that this seemed to be an outrageous state of affairs.
Harte told the court he regretted what he had done every day and apologised to all involved. His intention was to go back to Spain and continue with his life on the straight and narrow. He was in a new relationship now and his daughter was starting secondary school.
He said he was under severe pressure at the time of the robbery. “I don’t think I’d be here today if I didn’t comply,” he said. He was concerned for everyone’s safety. Mr Smyth pleaded that a probation report was positive. He asked the Judge not to impose a mandatory minimum of five years in prison saying that in extenuating circumstances, a suspended sentence could be applied.
Passing sentence, Judge Johnson said the robbery seemed to be a bit of a botched job with the defendant being apprehended shortly after with the money being thrown out the window of the car and then abandoned.
“I have been told he was acting under duress and this was accepted by the sergeant and the court has to acknowledge this as a significant factor as the cause of his offending.”
He said it was quite clear it was a frightening experience for Mr Mamara. There was verbal aggression used and he was in a distressed state in the aftermath of the incident and it must have had a profound impact on him. Mr McNamara didn’t wish to be heard by the court and wanted to draw a line under the matter.
The Judge said he had no doubt if the defendant hadn’t removed himself from this area he would have become a victim of his past. He said thankfully due to the intervention of Mr Lee no further sums were paid over to the drug dealer and he was delighted to see that CAB undertook an investigation.
“CAB has proven to be most effective in dealing with people like these, hitting them where it hurts in the pocket.”
The Judge added that he was satisfied he had discretion to deviate from the mandatory sentence. He imposed a three year jail term on the firearm charge, suspended for five. Harte was ordered to pay €20,000 over the next five years, €4,000 a year with €12,000 going to Mr McNamara and €8,000 to a charity. The robbery charge was taken into consideration.