A CIRCUIT Court judge acted within the law when he doubled a prison sentence on a Co Tipperary farmer who pleaded guilty to using the banned animal growth promoter, angel dust, the High Court decided yesterday.
Mr Justice Smyth refused to quash the order of Judge Anthony Kennedy sentencing Ronald Armitage, of Uskane House, Uskane, Borrisokane, Co Tipperary, to 12 months' imprisonment and fining him Pounds 12,000.
Mr Justice Smyth in his judgment said the matter had begun at Athlone District Court last October where the District Court judge imposed a Pounds 12,000 fine and sentenced Mr Armitage to six months' imprisonment.
The judge's orders were appealed to the Circuit Court in November, 1996 to Judge Kennedy.
Mr Justice Smyth said from papers supplied by Armitage's solicitor it appeared Armitage was the subject of a number of summonses relating to matters which had taken place in Borrisokane and Roscommon between 1993 and 1995.
Judge Kennedy's note said "not impressed by appellant's plea won't reduce penalties". He had increased the prison sentence to 12 months and the Pounds 12,000 fine remained. He also ordered that the warrant for Armitage's arrest was not to issue for eight weeks.
Mr Justice Smyth said the solicitor for the applicant had recorded that the Circuit Court judge was not impressed by Armitage's plea of guilty.
He could not say the judge was wrong in law and if he had acted within the jaw the High Court could not quash the Circuit Court order. The order of Judge Kennedy would stand and the warrant for Armitage's arrest would not issue for eight weeks from yesterday's date.
He granted a stay on the imprisonment element of the order in the event of an appeal but not in respect of the Pounds 12,000 fine or any legal costs which Armitage was ordered to pay in the other courts.