A former addict who started abusing heroin while in prison for manslaughter has been jailed for seven years by Dublin Circuit Criminal Court. Derek Butler robbed two Welsh rugby tourists and one of his north inner-city neighbours who refused to buy drugs from him and accomplices. Butler's neighbour was told he could finish up like a man who had been murdered in the flat next door.
Garda Michael Cryan told Ms Mary Ellen Ring, prosecuting, that this man was very frightened at the time but was reassured after Butler apologised to him in Store Street Garda station.
Judge Cyril Kelly said: "He mightn't have felt that way if he knew the defendant had previous convictions for manslaughter and false imprisonment."
Judge Kelly also congratulated Garda Paula Walsh for her powers of observation in recalling having seen Butler and an accomplice speaking to the Welsh tourists shortly before they robbed them at syringe point while threatening them with AIDS.
Butler (28), Lower Oriel Street, Dublin, pleaded guilty to robbery, handling stolen property and criminal damage offences on January 22nd, February 9th, April 17th and April 20th, 1996. He had 20 previous convictions, including the manslaughter and false imprisonment offences for which he was jailed for four years in 1991.
Defence counsel Ms Isobel Kennedy BL said her client was one of 17 children. He was practically illiterate and had not come to Garda notice since he met a woman 11 months ago and had weaned himself off heroin.
Ms Jessica Gavin told Ms Kennedy she had given Butler a choice: her or drugs. He had attended the Amiens Street clinic and was now drug-free. She was willing to have him back when his sentence ended but only if he was drug-free.
Ms Gavin told Judge Kelly she was pleading for mercy through either a lenient sentence or a suspended sentence under probation supervision.
Judge Kelly said: "Others can advise people like the defendant but the only person who can control his behaviour is himself. If he has rehabilitated himself he is no further threat to society."
He imposed a total of seven years in concurrent sentences but directed that the balance be suspended after Butler has served one year. If Butler re-offended after that, he would serve the seven years.
Garda Walsh told Ms Ring that Butler and his accomplice followed the Welsh tourists after they refused the drugs offer in Parnell Street and invited them to a party. When the men also declined that offer, Butler and his accomplice produced a syringe and threatened them with AIDS. The tourists handed over money and a jacket. She recovered the jacket in Butler's home.
Garda Cryan said that on February 9th last year, at about 3 a.m., Butler and an accomplice offered to sell a man ecstasy and then forced their way into his flat in the Seville Place area by brandishing a knife and screwdriver at him after he rejected their offer. He gave them money but they searched for more and damaged property. They later hit him over the head.
Garda Cryan told Judge Kelly that while Butler could be "impulsive" he was always co-operative and non-aggressive with him.