Portlaoise Court: Drug-driver gets six months in prison
Portloaise Courthouse
A SPEEDING motorist who was stopped by gardaí on the M7 at Morette was found to be under the influence of drugs. Gardaí subsequently found drugs and cash in his car.
Arising from the incident, which took place on 6 June last year, Liam Donnelly, Kippure Park Finglas, Dublin 11 pleaded guilty to drug-driving, possessing cannabis for his own use, possessing cannabis for sale or supply, being an unaccompanied learner driver, failing to provide a driving licence, failing to provide a driving licence to gardaí within ten days, driving while uninsured and failing to provide an insurance certificate.
Giving evidence at Portlaoise District Court, Garda Roy Cooper said that he stopped Mr Donnelly after he detected him driving over the permissible speed limit.
While speaking to the defendant, the garda said he got a strong smell of cannabis from his car.
“A further search of the car we found four bags of cannabis herb valued at €254 and €4,000 in cash,” said Garda Cooper.”
The court was told that Mr Donnelly had 19 previous convictions.
Defending barrister Brian Mallon said that his 27-year-old client had lost family members and a close friend last year.
He said: “His family put him on a plane to Spain, where they had family members to give him head space and to get himself together following all the bereavements and he’s willing to forfeit the money the gardaí seized.”
Garda Cooper asked that the money be donated to BUMBLEance, the Children's Ambulance Service.
Mr Mallon said that his client, who is currently in custody, is a qualified plumber and has an offer of employment on his release.
He said that Mr Donnelly “has assured me that he will never come before the court again. He wants to start afresh and become a contributing member of society”.
Judge Andrew Cody said: “A significant amount of cash was found on him. While the value of the cannabis was very small, it points to drug dealing on a modest scale.”
He went on to convict the defendant of possessing cannabis for sale or supply and imposed a six-month sentence; a two-month sentence, to run concurrently, for driving while uninsured; and disqualified him from driving for four years. The defendant was also convicted of driving while under the influence of an intoxicant, fined €100 and disqualified from driving for four years.
Mr Mallon asked the judge not to impose the custodial sentences and to instead consider imposing suspending the sentences, “due to the tragic circumstances that he had been through”.
In reply, Judge Cody said: “He was charged with the offences on 6 June last year and skipped to Spain. It has taken six bench warrants since then to have him here, which demonstrates very little remorse.”
Mr Mallon again asked the judge to reconsider his decision, saying: “His family sent him away to get his head in a fit condition,” to which Judge Cody replied: “He should have instructed his solicitor about his situation. He didn’t turn up (to court) or instruct his solicitor.”
Judge Cody went on to fix €2,000 own bail with a €1,000 cash lodgement in the event that Mr Donnelly wishes to appeal.
