A man already serving a two year sentence had it extended by nine months in the District Court this week (April 20 ) after being found guilty of possession with intent to supply €1,200 worth of heroin, despite being found with nearly €3,000 worth.
“He deserves this sentence,” said Judge Hughes to the solictor of Eric Johnson (24 ), of College Park, Athlone, as she pleaded for some leniency on behalf of her client.
“Anyone who deals in heroin in Athlone, which is drowning in it, will get lengthy prison sentences on conviction,” he said.
However, Johnson did receive some leniency from Judge Hughes who struck out another identical charge of possession with intent to supply €1,250 worth of heroin on a separate date after both the judge and Inspector Aidan Minnock for the prosecution accepted that arrest may leave room for a claim of entrapment and referred to precedent.
The inspector had told the court how the local drugs unit had arrested two suspects on October 10, 2009 and when taken to the Garda station, one of their phones rang and the name that came up said “Eric”.
However, the Garda who took the call and subsequently arrested Johnson across the road with the two bags of heroin in his boxer shorts worth a total of €1,250, did not formally identify himself in the sting operation. This, Judge Hughes felt, might lead to an appeal on a charge of entrapment and so struck out the charge, which he described as: “a ridiculous state of affairs”.
Johnson was subsequently arrested in College Park on the afternoon of July 30, 2010 with a similar amount of heroin and €350 in cash after running when spotted by gardaí in Connacht Street.
Johnson attended court from custody in Castlerea Prison, where he is serving a two year sentence since April 5, after he offended last August whilst under a suspended sentence issued in January 2010.
“My client stands before you contrite. He has an addiction and is not a big time hustler. He deals to feed his own addiction,” said Michele Mellotte.
“That’s his lifestyle choice. My job is to protect society from that gentleman,” said Judge Hughes.
Ms Mellotte said the two years was “severe”, as he was returned to the Circuit Court for its re-activation after being found with just €10 worth of cannabis on August 30, but the judge was unmoved.
“He knew what was hanging over him before he went out and plied his trade of death again,” said the judge before handing down the additional nine month sentence to Johnson.
