A Dundalk man who fled the country after being seen helping unload €1.5 million worth of cannabis resin from a lorry in Co Louth, was jailed for three years at Trim Circuit Court yesterday.
Four other Dundalk men were jailed in January in connection with the same Garda investigation into the importation of the drugs from Manchester in a furniture removals lorry.
David McDonagh (24), with an address at Cox's Demesne, Dundalk, pleaded guilty last month to possession of more than €13,000 worth of the drug for sale or supply at Ardee Road, Dundalk on February 25th, 2004 contrary to Section 15a of the Misuse of Drugs Act.
That offence normally carries a minimum sentence of 10 years unless there are exceptional circumstances.
However, the defence yesterday claimed that the accused had mistakenly believed he was pleading guilty to the same offence for which two men he had unloaded the drugs with had received three-year terms.
It was only afterwards that he discovered the pair had pleaded guilty to Section 15 of the Misuse of Drugs Act, which does not have a statutory minimum sentence of 10 years.
The defence barrister argued his client should receive the same three-year sentence as he had the same level of involvement in the operation as the two other men who had helped unload the drugs which were concealed in mattresses.
The defence further argued that by the time McDonagh returned from the UK in February this year, the gardaí had completed the case and he was not in a position to get credit for co-operating with them.
The court heard the defendant was eventually arrested in Dublin after the High Court ruled he had been unlawfully detained by customs and excise officials.
Judge Raymond Groarke said it was a curious situation, but he was satisfied there were exceptional circumstances which would enable him not to impose the minimum term of 10 years.