This article is from page 4 of the 2014-05-06 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG
A MAN caught with € 3000 worth of heroin for sale or supply in Ennis and who gardaí believe to be of a “high risk” of re-offending walked free from court last week after his case was adjourned to 2015.
Father of four David Joyce (24) was seen in possession of a glass jar of heroin after walking unawares into a garda search of a derelict property in the Dun na hInse housing estate in Ennis on May 30, 2012.
At Ennis Circuit Criminal Court on Friday, Judge Gerald Keys agreed to adjourn finalisation of the case to January 2015 to allow the accused continue treatment for depression.
This was after being told by Defence Counsel Pat Whyms, that the death of Mr Joyce’s father last summer in distressing circumstances was “extremely disturbing” for the accused.
Counsel said his client was hospitalised last year after an attempt to take his own life.
He said Mr Joyce is on medication for depression and is seeing a counsellor.
Mr Whyms said his client would benefit from an involvement with the Probation Services.
Judge Keys asked Detective Garda Dominic Regan about the risk of Mr Joyce re-offending.
“There is a very high risk of re-offending” replied Det Regan.
The court heard Mr Joyce has 11 previous convictions, including for public order and road traffic offences and one for assault causing harm. Judge Keys said he would adjourn the case to January 2015.
He said, “If there is an opportunity to rehabilitate anybody, irrespective of the crime committed, I will give them that opportunity”.
“This is an opportunity for the accused to avail of a programme which I would hope would finally keep him out of trouble”.
Judge Keys said his approach to the case might “surprise” some people but he reiterated his view that opportunities for rehabilitation would be granted to criminals if such opportunities existed.
However the Judge warned Mr Joyce, who is unemployed, he would go to jail for at least a year if he offended in the intervening period.
“If the wool is being pulled over my eyes by this accused, he will go to jail”, he said.
Mr Joyce, with an address at 85 Dun ha hInse, pleaded guilty to having diamorphine, more commonly known as heroin, for sale or supply at 90 Dun Na hInse on May 30, 2012. He also pleaded guilty to possession of cannabis valued at € 63.