Madam, - Judge Frank O'Donnell is to be commended on his decision to implement the law and sentence a major drug dealer, James Bowes, to 12 years for possession of heroin worth €750,000 (The Irish Times, July 24th). Judge O'Donnell pointed out that while legislation provides for a minimum 10-year sentence, he did not feel this was sufficient in the case before him.
The 10-year minimum sentence is provided for possession of drugs above the value of €12,700 (£10,000). This law was enacted in 1999.
Since then the number of times it has actually been applied can be counted on one hand. According to reports the judiciary and legal profession dislike being advised on minimum sentences, so many refuse to implement this law. It remains open to the State to appeal the leniency of sentences under ten years, but this option is not exercised.
In contrast to Judge O'Donnell's decision it is worth noting that the previous day a woman, who had been caught red-handed with €500,000 worth of heroin, received just five years. While Bowes was guilty of mere possession, Evonna Cevat was found guilty of both possession and importation. Her co-accused had previously received a five-year sentence also.
The variation in sentencing policy in such cases negates the purpose of the minimum sentence as a deterrent. In reality a five-year sentence will result in little more than three years in jail. If the authorities are serious about discouraging drug dealing the strict application of the 10- year law would make anyone considering getting rich quick think about the personal consequences they will face on conviction. - Yours, etc.,
JOE MOONEY, Merchants Square, East Wall, Dublin 3.