Judge due to sentence Athlone man over €20k drugs find

A 40-year-old Westmeath man is awaiting sentence for a serious drug dealing offence.

Mullingar Circuit Court has heard how Richard Case, of 1 Arcadia, Athlone would not tell gardaí who he had received more than €20,000 drugs from because of genuine fears for his daughter and mother.

The former drug addict broke down in the witness box as he described his first and only drugs delivery as “the biggest mistake in my life”.

“I’ve no excuse for what I’ve done, other than my addiction,” he told the court, his voice cracking. “I was totally wrong”.

Case is charged under Section 15A of the Misuse of Drugs Act which carries a mandatory sentence on conviction of 10 years and has pleaded guilty.

Behind in his rent, he had been asked if he wanted to make the delivery when he went to buy his own cocaine and was paid with a capsule and a half of the drug.

Mr Kenneth Fogarty, SC who was representing Case complimented the “extraordinary observation skills” of Garda John Walsh who noticed Case’s jeep parked on the N6 on November 20 2007 as he went to Kinnegad to pick up a colleague.

When the jeep was still in the lay-by 15 minutes later, at 9.30pm with its lights still on, the garda questioned him and became suspicious when he became anxious and impatient.

After the garda proposed to search the vehicle under the Misuse of Drugs Act, Case handed over a small piece of cannabis and after further prompting gave the guard a third of a block of cannabis, wrapped in plastic and valued at €400.

A follow-up search of the jeep revealed an orange money bag containing 28 egg-shaped capsules of cocaine, valued in the region of €20,000.

Case remains responsible for the cost of the drugs, now that they have been confiscated by gardaí.

Mr Fogarty described his client’s situation as “opportunistic” and one of the very rare instances where the judge had discretion to deal with it by not imposing the mandatory 10 year sentence.

It was unlikely he’d reoffend and his good character was evidenced by the devastation of his family and the way his community had rallied around him, providing testimonials on his behalf.

Judge Anthony Kennedy heard the evidence in the case on Tuesday. Sentencing is due to take place this week.

 

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