Campaign Drug supplier accepted meeting for army avoids prison

Sheriff ‘astounded’ case prosecuted as summary complaint

A Coatbridge man who successfully applied to the army has avoided jail for being involved in the supply of cannabis.

Declan Kearney, 26, returned to court last week and has been tagged for 10 months for producing the drug at an address on Blairhill Street, the home of his former co-accused, who had a not guilty plea accepted by the court.

Whifflet Street resident Kearney had more than £15,000 worth of cannabis at the property, but his successful application to join the army, along with securing a new tenancy, has helped save him from being sent to prison.

The procurator fiscal previously explained: “On April 25, 2017, intelligence was received regarding a cannabis cultivation at the home of the accused’s former co-accused.

“Police witnesses carried out a search of the locus at around 2.15pm after a warrant was granted.

“They found 1598 grams of cannabis in the kitchen area with a street value of £15,980.

“There was also a phone, a tick list, a set of scales, a bottle of plant growth and an air filter.”

Sheriff Morag Shankland had already commented that Kearney was lucky the complaint fell into the summary category before his solicitor Roberto Manini said: “He’s been successful in an application to join the army. He wants to put his life on the line for others.

“His relationship with the former coaccused was breaking down and they have a small child. That child is due to start school and he wants to give something back by being in the army.

“A full structure of support and punishment for this individual will allow him to serve his country rather than be put through the prison system.

“Despite the serious nature, it is only a summary offence.

“He’ll certainly be putting something back into the community.

“He’s accepted his guilt and co-operated fully with reports.”

After deferring the case for one week for fresh reports to be made on the possibility of a restriction of liberty order, Sheriff Shankland said: “As I expressed last week, I’m astounded that this was prosecuted as a summary complaint due to the value involved.

“But given that was the case, then I’m prepared to give an alternative to custody and imprison you in your own home for the next 10 months instead.

“That will be from the hours of 7pm to 7am every night.” Airdrie for Independence will hold its monthly meeting at the town’s library this Saturday.

It takes place at the Wellwynd venue at 10am, and discussions will include updates since the last meeting and planning for future events.

Organisers say: “We are not aligned to any political party and would welcome anyone who would like to come along and join us.”