Mayo judge urges housing agency not to evict woman jailed for drug offences

A MAYO judge who sentenced a Ballina woman to two years imprisonment for the possession of €62,000 of cannabis herb asked a housing agency not to evict her while she is in prison.

Bernadette Muldoon (41) of 36 St Patrick's Estate, Ballina appeared before Castlebar Circuit Criminal Court where she was sentenced after pleading guilty to the possession of €62,000 worth of cannabis herb for sale and supply on June 7, 2024.

Ms Muldoon has been in custody since February as she awaited her sentence and her barrister, Dr Laura Byrne informed the court that she faces eviction despite continuing to pay the rent as the house is vacant.

Dr Byrne asked Judge Eoin Garavan to impose a suspended sentence or release her pending finalisation of the case in February in order for her client not to lose her accommodation which she has had for the last seven years.

While acknowledging Ms Muldoon's position, Judge Garavan said that the matter was too serious not to warrant a custodial sentence and imposed a two year sentence. However, he recommended that the Clúid Housing, the housing agency in charge of the property keep Ms Muldoon as a tenant as leaving her homeless upon release will not be in her best interest.

“They [Cluid] have their own concerns as there is a huge housing need and it is not for me to tell them but clearly someone like Ms Muldoon needs her own step down facility and this is her own house in this case. Being homeless will not help her in her rehabilitation. Nonetheless it is only a recommendation and the Clúid Housing Body will know far more about the matter than I do,” he said.

Tragic life

Gardaí discovered the cannabis after searching 21 St Patrick's Estate, Ballina which is the home of Ms Muldoon's step brother, David Madden but she accepted responsibility for them claiming she left it in the house the night before without his knowledge.

The court heard that Ms Muldoon has been taking drugs since she was 14 and is a former heroin and crack cocaine addict who was making efforts to stay clean of drugs while in prison.

Dr Byrne said she has lived a difficult life which has been haunted by addiction issues and as a result of those addictions her children are now in care.

Ms Muldoon, the court heard, is working in the prison laundry and has used her opportunity in prison to better her circumstances and she received a positive Governor's report.

Dr Byrne said that asking for her client to be released was a tall ask but stressed that a suspended sentence will act as a deterrent.

However, Judge Garavan said that this was not appropriate as there has to be a public deterrent to the offence and she must serve a sentence. He said that there were clearly other people involved with Ms Muldoon in the case but she was 'possibly being used by other people' and she took responsibility.

He accepted that she had a dreadful upbringing and noted that the probation services recorded that she is grateful to 'toxic' people who used her and this shows the conflict of emotions in her head caused by the taking of drugs.

A good person

Judge Garavan also accepted that Ms Muldoon was fearful of leaving her home to attend meetings with the Probation Service because of intimidation against her.

He also accepted that she has done extremely well in prison and shows that when she is off drugs she can have a great appetite for work when there is a structure in her life.

“It is a reflection on her as a person that when you strip away the drug part of her personality she is a good person and hard working and decent to others,” he said.

Judge Garavan imposed a three year sentence but suspended the final year for a two year period on the condition she engages with the Probation Services for the two years post release and engages in addiction services.

He backdated the sentence to February 26 last and wished Ms Muldoon luck saying she is also a victim of criminality and suggested that it might be appropriate of her to leave the area she lives to continue with her rehabilitation.