A MAN who appealed a district court conviction for selling drugs on the streets of Skibbereen was brought back before the local court to have a previous 90-day suspended sentence reactivated.
Flor Murphy, solicitor, had initially represented the accused, Duaine Chambers of 18 Ros Geal, Dunmanway, when he was convicted at Skibbereen District Court on April 25th for having MDMA for sale or supply at North Street, Skibbereen on March 14th last.
At that court, Sgt Ian O’Callaghan outlined to Judge James McNulty how a member of the public made a complaint to gardaí after the accused tried to sell him drugs.
Gardaí went to North Street where they apprehended the accused with 72 whole MDMA, and two halved MDMA tablets, to a total value of €740.
The accused insisted they were for his own personal use because he was going to a party.
Flor Murphy said his client, who has 18 previous convictions, had been couch surfing at the time.
‘He was in a deep, dark place at the time,’ he said, ‘but has since sought help and is working with an addiction counsellor and is trying to secure a place where he can get treatment.’
Judge McNulty sentenced the accused to eight months in jail for the offence, but Mr Murphy asked for recognisances to be fixed for an appeal.
It was at the May 9th sitting of Skibbereen District Court that Judge McNulty asked court personnel to confirm conditions on which the accused had been granted the 90-day suspended sentence.
The conditions imposed in respect of the 90-day suspended sentence for the cultivation and possession of cannabis at Ballyvireen, Rosscarbery, on November 3rd 2020 required Duaine Chambers to keep the peace and be of good behaviour and not be involved in any drug-related activity. He was also to consent to random drug testing.
At the May 9th sitting, Judge McNulty asked the court presenter Sgt Tom Mulcahy to have the accused taken to Skibbereen Garda Station for a test to be administered.
That afternoon, Sgt Mulcahy confirmed that Duaine Chambers had tested positive for cocaine. Judge McNulty said the reoffending and the positive test accounted for ‘a double breach’ of the conditions on which the accused had been released.
The judge ordered that the 90-day sentence be reactivated and that the accused be taken into custody.
Mr Murphy asked the judge to allow his client out on bail until Monday so he could attend his child’s holy communion celebration on Saturday.
Judge McNulty refused, saying: ‘He is not a good role model. He has broken faith with the court. He was offering to sell prescription drugs to people in the streets of Skibbereen.’
