A DROGHEDA man caught with cannabis worth £20,000 has received a five-year suspended sentence. Robert Clarke (24), of Newfield Estate, Drogheda, told gardai he got involved to repay a £5,000 credit union loan his mother had taken out to fund a diving course for him.
He could not get a job in the industry even though he was a good diver and, as a volunteer, had assisted in the recovery of the bodies of drowning victims from the Boyne, Dublin Circuit Criminal Court was told.
Clarke pleaded guilty to possessing cannabis for supply at the Stillorgan dual-carriageway on April 5th, 1994. He had no previous convictions.
Judge Joseph Mathews said initially it would have been hard, if not impossible, to see how the court could avoid imposing a custodial sentence. Society was bedevilled by drugs and in recognition of this the legislature had the penalty for supplying drugs from 15 years to life.
But each case had to be taken on its own merits. Judge Mathews agreed with Mr Barry White SC, defending, that the case had exceptional factors and that a suspended sentence should be left over defendant's head. He took into account Clarke's "honest, frank and open admission of guilt", he had no previous convictions and tests showed he was not using drugs.
He imposed the suspended sentence and Clarke entered into a bond to be of good behaviour and to abide by the directions of the probation service for two years.
Sgt James Hynes, of the Divisional Task Force in Santry, said gardai had confidential information the drugs were to be picked up in Shankill, Dublin, and transferred to Drogheda. Clarke's car was stopped on the dual-carriage- way.
Sgt Hynes told Ms Mary Ellen Ring, prosecuting, that Clarke made a full and frank statement, Clarke said he had previously been involved with the cannabis scene in Drogheda but had got out of it.
He said his mother took out the £5,000 loan and added £1,000 of her own to it to pay for a diving course in Plymouth. He completed the course but was unable to find work to repay the loan.
As his mother came under increasing pressure to repay, he got involved in the cannabis operation. He admitted only half the haul was for him to act as courier. Garda Hynes said he was not aware if Clarke was smoking cannabis at the time.
After he made his statement, Clarke was released and a file was sent to the Director of Public Prosecutions. Before the DPP came to a decision, he left Ireland and his extradition was sought, but he contacted gardai and returned voluntarily in July 1996, the sergeant said.
The defendant's uncle, Mr Patrick Byrne, said the family found out about the offence after Clarke left for Britain. Mr Byrne said he contacted his nephew and persuaded him to return.
Mr Byrne said the diving course had cost £15,000 and Clarke thought he would have had no problem in getting a job after it, but that was not the case.
Mr Byrne thought his nephew was a "clean-cut, straight individual" and he believed Clarke had learned his lesson.
Mr White handed in references on Clarke's behalf and said he had an opportunity for employment. His client had been immature at the time and fell into temptation because of his inability to repay the loan.