No jail for man who used children to deal heroin

A man who used his children as couriers when dealing heroin out of a Willow Park address was given an 11 month jail sentence, fined €2,000 and had €5,560 in cash confiscated in court this week (November 18 ).The jail sentence was suspended for three years.

Timothy (Thady ) Joyce (39 ) with an address at Cromin Lawn, Shannon, Co Clare but formerly of Athlone until a family feud forced him to move three years ago, had pleaded guilty to possession of heroin and possession with intent to supply at an earlier appearance this year, but was in court this week to hear how a psychiatric report ordered in June was received by the judge.

The court heard how gardai set up a surveillance operation for two weeks on the then property of Joyce in Willow Park after a number of complaints from neighbours about alleged drug dealing in the summer of 2007.

An estimated 20 people a day visited Joyce’s home and came “by cars, taxis and bicycles”.

“A caller would call up, ring the doorbell and the door would be opened,” said Garda Ryan.

“A child would go to an adjacent house and take something from there and put it in their mouth. I observed children of eight or nine doing this.”

When the gardai raided the property. they found only €300 worth of heroin but €14,200 in cash.

The court heard how gardai were in receipt of €5,560 of this as Joyce provided child benefit receipts for the balance of €8,640.

Defending solicitor, Mr Mark Cooney, suggested Gardai “should’ve got much more drugs, considering the number of people visiting the house”.

Garda Ryan accepted this but explained that with eight children in the house, it would have required much greater manpower to have raided the property any more thoroughly.

Mr Cooney also claimed the visitors were just engaging in heroin use with Joyce and “were not purchasing”.

“Absolutely not,” said Garda Ryan.

Mr Cooney told Judge John Neilan the €8,640 of childrens’ allowance found in the house was for Christmas presents, but at over €1,000 per child, the judge would not accept this.

“Using your children running around as footsoldiers is unacceptable,” he told Joyce.

He did, however, acknowledge the seriousness of Joyce’s psychiatric report which referred to paranoia, depression and delusional behaviour.

Judge Neilan was unable to say whether this was on account of Joyce’s drug use or not.

He fined the defendant €1,000 for possession, another €1,000 for possession with intent to supply and sentenced him to 11 months in jail on this second charge.

Accepting the health report, the judge suspended the prison sentence for three years and ordered Joyce sign a peace bond for this period.

Superintendent Aidan Glacken sought a forfeiture order on the €5,560 which the judge granted, deeming the amount “proceeds of criminal activity”.

Mr Cooney sought to have Joyce’s fines paid from this money but Judge Neilan refused to grant this.

 

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