This article is from page 3 of the 2011-10-18 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 3 JPG
A WOMAN yesterday told a court that getting caught with drugs was the best thing to happen to her brother, as it forced him to make changes in his life.
The man’s sister told a judge that her brother’s involvement in drugs devastated his parents, but that his family was fully supporting him every step of the way in his efforts to get his life back on track.
Carpenter Ian Kelly (41), of Capparoe, Scarriff, pleaded guilty to cultivation and supply of drugs.
Garda Aidan Sweeney told Ennis Circuit Court that on foot of confidential information, he obtained a search warrant and carried out a raid on the accused’s house, on the evening of June 21, 2010.
He said that the accused lived there with his partner and partner’s two children. “He was very forthcoming. He showed me the garden shed he was using to grow cannabis,” said the garda.
He said that the end of the timber shed was concealed into compartments and 23 cannabis plants were growing. 17 of the plants were small, he said. There was a number of shelving units and aerators in the shed.
Cannabis leaf, valued at more than € 4,700, was seized by gardaí during the search, along with 10 grammes of amphetamines and a small quantity of ecstasy. The total value of the seizure of the cannabis and the plants amounted to € 8,000, said the garda.
“He took full responsibility. He said he was addicted to drugs. It was for self-medication mostly. From his phone records, he was selling the drugs to approximately three peo- ple,” said the garda.
Defence Counsel Elaine Houlihan, BL, said that her client’s partner was not aware of his actions.
She said there was no cash seized during the search, adding, “He doesn’t have any of the trappings of wealth. He had an addiction to cannabis, amphetamines and alcohol at the time. He wasn’t a street dealer. He was dealing to a small group of friends,” said Ms Houlihan.
She said that two days after the discovery of the drugs, her client went for treatment and has not come to the attention of gardaí since. She said her client wouldn’t fit the “usual profile of a person who comes before the court in terms of previous convictions” and the garda agreed with this.
Ms Houlihan said that her client came from a respected family and that his father is a former school principal. “He has brought a degree of shame and hurt to his family,” she said.
The accused’s sister, Ruth Minogue, took the stand and said that “for years, he was a mess” but that her brother is now determined to get his life back on track.
“As a family, we tried but he was the only person who could help himself. His life was a complicated mess. Being caught was the best thing that happened to him because it forced changes in his life,” she said.
She said that her parents were “absolutely devastated, but we are behind him all the way”. She added, “He is trying as hard as any individual can try to get their life back on track.”
Judge Carroll Moran said, “This is a very serious matter and in the normal course of events would warrant a prison sentence.” However, he said the circumstances in this case were extraordinary. He said that the accused “made serious efforts to address his drug addiction” after he was caught, adding, “and he is now clean of illicit drugs”.
“I accept he wasn’t a street dealer. He was dealing to a small number of friends,” said the judge. He said he accepted Ms Minogue’s evidence and said he was taking into account the fact that the accused was making a serious effort to turn his life around. “He is going to have to abstain from drugs for a substantial period of time,” said the judge.
He imposed a four-year jail sentence, suspended for four years, on condition that the defendant does not commit any crime during the next four years; that he obey the directions from the Probation service and abstain from drugs.