This article is from page 55 of the 2013-11-26 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 55 JPG
THREE more people were sentenced in the district court this week, following a garda operation targeting the sale of drugs in Kilrush.
The District Court in Kilrush heard that a number of people sold controlled drugs to under cover Gardaí during the end of 2012 and beginning of 2013. Among them were Martin O’Brien (32) The Bungalow, Wood Road, Kilrush, who pleaded guilty to possession of a controlled drug – Diamorphine (heroin) for sale or supply at the Tesco car park, on the Ennis Road, Kilrush, at 6.45 pm on January 30, 2013.
He was also charged with having heroin for sale or supply at Woodroad, Kilrush at 5.30pm on January 11, 2013 and drugs for sale at 6pm on January 14, 2013, in the Tesco car park, Kilrush.
Mr O’Brien was on bail at the time of the offences, is currently serving a three-year sentence for assault and has 37 previous convictions.
Solicitor for the defence Darragh Hassett said it was no secret that Mr O’Brien had a drug problem.
“He would have started out life as being one of the people being sold the drugs,” he said.
Mr O’Brien’s wife Valerie Power, The Bungalow, Wood Road, Kilrush, was also charged with having heroin for sale or supply at the Tesco car park, Kilrush, on March 15, 2013. She was also charged with having heroin for sale at the supermarket car park on February 16 and again on March 1, this year.
The court heard she began selling Mr O’Brien’s remaining drugs after he was arrested. She was also on bail at the time of the offence.
Mr Hassett said Ms Power does not take drugs and has warned Mr O’Brien she will leave him if he uses drugs again.
Sean McMahon (24) with an address at 25 Nagles Terrace, Kilrush, pleaded guilty to having cannabis herb for sale or supply at Kilkee Road, Kilrush, on December 12, 2012, and again on the Kilkee Road, on December 4, 2012.
His solicitor Patrick Moynihan said Mr McMahon had now moved away from Kilrush and was living in Galway while attending GMIT.
He said he was a bright man that did something stupid. He was addicted to cannabis and “got the fright of his life from this”, he added.
Judge Patrick Durcan served Ms Power with the probation act and placed her on her own bond for two years.
He sentenced Mr McMahon to six months in prison and suspended it for two years.
“I am not satisfied Mr McMahon has ceased to be involved in drug sale. Mr O’Brien’s case was adjourned to Ennis District Court on Wednesday to allow he judge consider his jurisdiction on sentencing.
On Wednesday Judge Durcan said Mr O’Brien fell into a much more serious category of offender than his fellow accused.
He said he had engaged in the sale of heroin in three areas of Kilrush, activities the court heard, that cre- ated a “drug epidemic” in the West Clare town.
Judge Durcan said, “The defendant Martin O’Brien would appear to be one of the bigger players, in a local sense, in the filthy pool of drug dealing.”
He added that while he bears in mind Mr O’Brien’s circumstances and his plea of guilty, the aggravating factors in the case are “staggering”.
He imposed sentences totalling 18 months but suspended the final three months on condition Mr O’Brien be of good behaviour.
He granted an application to fix recognizances in the event of an appeal. Judge Durcan commended the work of gardaí who had undertaken the undercover operation in Kilrush.
He described the amount of damage being done by heroin to Kilrush as “horrific”.
He said that while heroin is causing difficulties to communities across the country, “it is a particular problem in Kilrush.”
Judge Durcan said he was struck by the “brashness, the sheer brashness of the offence”.
Warning that business owners to be vigilant of criminal activity on their premises, he said the open trade of heroin in broad daylight would not be tolerated.
He said a mini market for the sale of heroin had been in operation outside the Tesco’s shopping centre.
“I do find it quite amazing that in a supermarket car park there is as much commercial activity as inside,” he said in Kilrush on Tuesday.