THE Director of Public Prosecutions is to study report on a court case yesterday in which a district court judge said he no longer wanted to deal with cases involving the drug ecstasy.
Judge Sean Delap was hearing a case at Swords District Court in which a man had pleaded guilty to possession of 22 ecstasy tablets. He said he did not have the power to give a proper sentence and noted that on Monday a man convicted of possession of 25 tablets had been given a 41/2 year sentence in the Dublin Circuit Criminal Court.
Judge Delap indicated that he would no longer accept jurisdiction for such cases, but would refer them to a higher court.
The DPP's office was yesterday waiting for a report from the Chief State Solicitor's Office on Judge Delap's remarks, which could lead to such ecstasy cases being automatically brought to circuit rather than district courts. The maximum sentence a district court judge can impose is one year.
Previously such cases have gone to both levels of court, depending on factors which include the amount of drugs seized, whether the defendant has previous convictions and evidence regarding intent to supply.
Yesterday David Lynham (20), of Sonesta, Malahide, was appearing before Judge Delap. He had pleaded guilty to possession of 22 tablets at Coast Road, Malahide, on June 18th, with intent to supply.
Yesterday David Lynham (20), of Sonesta, Malahide, was appearing before Judge Delap. He had pleaded guilty to possession of 22 tablets at Coast Road, Malahide, on June 18th, with intent to supply.
The court was told that there was no commercial element in the case five friends had taken it in turns to buy the drug. Lynham was the one who got caught. He had not been involved in drugs since then.
"You are signing your own death warrant and the death warrant of five others," said Judge Delap. He imposed a fine of £1,000 for possession and remanded Lynham to May 14th for further reports and urine tests before passing sentence on the supply charge.
The judge pointed out that on Monday, in the Dublin Circuit Criminal Court, Judge Michael Moriarty had imposed a 41/2 year sentence in a case involving 25 tablets in which the defendant had pleaded guilty to possessing the drugs for supply.
"You are very lucky that you pleaded last week," Judge Delap said. "In view of Judge Moriarty's sentence, I'm not going to deal with any more ecstasy cases at all in future."