Tipperary cocaine case judge takes harm done to society into account in jailing man

Nenagh Circuit Criminal Court Judge Cormac Quinn said he had to take the harm done to society, particularly from cocaine, when sentencing a Tipperary man for possession of the drug at Nenagh Fire Station.

John Walsh, 36, of Coillie Bheithe, Nenagh, was found guilty by a jury at Nenagh Circuit Criminal Court of possessing cocaine and possessing the drug for sale or supply and jailed for a total of three years.

He had pleaded not guilty to the charges in relation to the discovery of an estimated €78,000 worth of the drug in a locker belonging to Michael Morgan at Nenagh Fire Station on January 17, 2018.

Mr Walsh, a plasterer by profession, was found not guilty by the jury of possessing cocaine valued at more than €13,000 for the purpose of sale or supply.

The drugs, which had been concealed in a lunch box, were divided into 39 bags and had been discovered during a routine personal protection equipment check at the fire station.

His co-accused, Michael Morgan, 43, of Cluain Mhuillean, Nenagh, a fire officer with North Tipperary Fire and Rescue Services, was found not guilty on similar charges by the jury.

Mr Walsh had been remanded on bail by Judge Cormac Quinn to last Thursday for sentencing.

Ahead of sentencing last Thursday, Brian McInerney, SC (instructed by David Kelly, solicitor), submitted to Judge Quinn that Mr Walsh should only face sentencing on possession of one bag as his DNA had only been found on one bag.

He argued that the jury had found Mr Walsh not guilty of possession of cocaine valued at more than €13,000. The total value had been put at €78,211, and, therefore, his client was guilty of either having one bag worth less than €13,000 or one bag valued at around €2,000 if the entire amount was divided by 39, the number of bags found.

“How many bags was he in possession of?” asked Mr McInerney.

In response, Anthony Sammon, SC, for the State, said the jury had convicted Mr Walsh of possession and had not limited their verdict to just one bag.

Judge Quinnn said the jury had asked specific questions in relation to possession and he was satisfied their verdict had related to all 39 bags.

He said the bags had been found in a lunch box, all had the same, or approximately the same, weight of one ounce, and had been packed in a similar manner.

Det Garda Seamus Kelly gave evidence of attending the fire station at the request of fire staff and how Mr Walsh’s DNA had been found on one bag.

Garda Kelly said Mr Walsh’s home was searched but nothing was found.

Mr Walsh was interviewed on four separate occasions and denied any knowledge of the drugs.

Garda Kelly further said that following the searches, it was believed Mr Walsh had wealth beyond his means.

A total of €1,700 in cash was seized along with a number of watches and a firearm valued at €5,000. There were  number of firearms in Mr Walsh's house.

Garda Kelly said that Mr Walsh had been unemployed between 2010 and 2016 and had only returned to full-time employment in 2019.

Mr Walsh had also received the benefit of the Restorative Justice programme at Nenagh District Court for possession of cocaine valued at €250.

He agreed with Mr McInerney that there six or seven watches had been seized and that they were “not high-end”.

Garda Kelly agreed that Mr Walsh had married in Portugal as it was cheaper than marrying in Ireland and that perhaps he had received money in lieu of wedding presents.

He further agreed that Mr Walsh was an “active shooter” and there were a number of guns in the house, and that his father had given Mr Walsh the gun valued at €5,000.

In mitigation, Mr McInerney said that his client had addiction difficulties but had substantially rehabilitated himself.

He was married with two children, one of whom had medical challenges.

He said Mr Walsh did have a work history and had not come to the attention of the gardaí since 2018.

He said there were no material trappings of wealth as the watches found were “common or garden watches” with a total value of €3,500.

Passing sentence, Judge Quinn said that he had to take into account the harm being done to society by drugs, particularly cocaine and that Mr Walsh had been found guilty of possession and possession for sale or supply.

In his favour, Judge Quinn, said that Mr Walsh had a family, had made certain confessions during the trial saving time and had no previous convictions, but one subsequent conviction that had been dealt with.

He sentenced Mr Walsh to three years in prison for possession of cocaine for sale or supply and to 12 months for possession of cocaine. The sentences are to run concurrently.

Judge Quinn agreed with a suggestion by Mr McInerney that the €1,700 in cash be given to Cuan Mhuire.

The watches were returned to Mr Walsh.