A judge's decision to give a suspended sentence in a drugs case was sharply criticised in the Dail yesterday by Mr Tony Greg- ory, who called for the case to be reviewed by the Director of Public Prosecutions. Mr Gregory was protesting against the "undue leniency" in the case, where the defendant was given a suspended sentence, when, he said, under the new mandatory sentencing legislation he would have received a minimum of 10 years in prison.
The Leas-Ceann Comhairle, Dr Rory O'Hanlon, warned him that no member of the Dail was entitled to comment on a judge's decision. He said it was most important that members refrained from discussing decisions of individual judges.
The Independent TD said he was well aware of the seriousness of questioning the correctness or otherwise of a judge's decision, "but I believe the matter simply cannot be ignored."
He had received correspondence from community groups outraged by the judge's decision, in an area of Dublin devastated by drugs. He said Ballyfermot had more drugs deaths than any other Dublin community represented at the recent commemoration service in Sean McDermott Street church.
The case referred to involved an individual whom he named as Raymond Duff, charged with possession for sale and supply of half a kilo of heroin. He had received the heroin from Manchester and it was hidden in the interior wall of the house next door to Ballyfermot Garda station, along with a large weighing scales. He was not himself an addict. "Duff was a significant cog in a heroin network run by an individual named Comerford who was recently sentenced to 12 years in jail in Manchester," said Mr Gregory. The suspended sentence was given just days after the discovery of the canal murder victims in the same area, he said. "Not that this individual was involved - he was not. But what sort of message does that judge's decision send out to the embattled communities, to the dedicated gardai or even to the young people tempted to enter the drugs trade to make quick, easy money?
"Surely this case must be urgently brought to the attention of the Director of Public Prosecutions to review the undue leniency involved."
"Duff was charged with an offence punishable under law by life imprisonment. Under Minister O'Donoghue's new mandatory sentencing legislation, he would have received a minimum of 10 years in prison."
The Minister for Justice, Mr O'Donoghue, in his reply, did not refer to the specific case but said "the drugs problem in certain areas of Dublin did not arrive overnight and it cannot be solved overnight".
However, he would not apologise for his unambiguous policy in dealing with drugs. "It is and will continue to be to tackle the drugs problem on two fronts, supply and demand." The Minister said that never had the Garda Sioch ana been better resourced or equipped. His policy of strong legislation was backed up by tough enforcement to tackle drug-dealing and trafficking.
