A judge has called for the reform of drugs legislation which has seen so-called drug mules charged with more serious offences than major dealers.
Judge Tony Hunt was commenting yesterday at the sentencing hearing of former soldier Joseph Farrell.
Farrell (46), Funshinagh, Four Roads, Co Roscommon, admitted having cannabis and cocaine valued at more than €200,000 for sale or supply on May 11th, 2007.
Two drug mules, acting on Farrell’s behalf, have each been sentenced to four years in prison.
However Roscommon Circuit Criminal Court heard that while the two men were sentenced under a section of the relevant legislation carrying a mandatory 10-year sentence, Farrell, who was running the operation, had been charged under a similar section but which did not carry a mandatory sentence.
“I have concerns that [these two] persons are dealt under section 15 A of the [drugs] legislation, but a person at a higher level who is in it for pure profit is dealt with under section 15,” Judge Hunt said.
“It cries out for reform, in my view.”
"Warehousing"
He noted that the prisons were full of people who had been dealt with under section 15A of the legislation.
Judge Hunt expressed his concern at the “warehousing” of people at a lower level in drugs cases after the courts had gone through gymnastics over the matter.
Phillip Rahn, prosecuting, told Judge Hunt that he would take instructions as to why Farrell had been charged under section 15 of the legislation.
P ádraig Dwyer, defending, noted that the two men previously sentenced had been dealt with under section 15A, but the substance of the offence was the same.
In his client’s case, there were extensive mitigating circumstances, he said.
Judge Hunt commented that sentencing in the matter was not a straightforward process – he had been left with a conundrum.
“I have a strong suspicion that in this case someone will be going off to the Court of Criminal Appeal, so why don’t I try to get it right first time?”
He adjourned sentence to the May sitting of the court.
The court had previously heard that the two drug mules, Jason Bertles and Tom Quinn, both in their 30s and from Athlone, Co Westmeath, had abandoned the stash of cannabis and cocaine in a car at Johnstown Bridge, Co Kildare, after being followed by a garda three years ago.
Pleaded guilty
Farrell was subsequently identified, arrested and charged. He pleaded guilty to having the cannabis and cocaine for sale or supply.
Farrell had been a soldier in the Army since 1987 and was given an honourable discharge last year.
The court heard that he had served on seven overseas tours of duty with Unifil, that he was in a relationship and he had a seven-year-old child.