A small-time heroin dealer who attempted to swallow his stash when apprehended, was given a three month prison sentence at a special sitting of the District Court last week.
The court was told how James Whearity (34 ), now in custody but with addresses in Birr and Tallaght, was stopped by Garda Gerard Quirke getting off the Dublin bus in Birr on October 24, 2007.
“He attempted to swallow a package,” said Garda Quirke. “He was restrained and attempted to kick it away.”
The package was retrieved and when later tested, proved to be heroin.
Whearity admitted to possession but was charged with the more serious offence of possession with intent to supply because the gardai had found six separate deals in the package of heroin.
The court heard how Whearity admitted going to Dublin every second day and to supplying a third party - namely, his girlfriend.
“On this occasion he hadn’t enough to supply any others,” said his solicitor. He asked Garda Quirke if there had been any aggression during the search.
“No. It was just simple obstruction,” said the garda. Judge Conal Gibbons was told how Whearity was in jail at the moment and expected to be released in late February.
He had lived in Birr for the last three years and the reason there had been a delay in taking the case was that Whearity had taken the alias of a Mr Frank Carey, from Rialto in Dublin and at least two of his charges were issued in that name before Gardai could clarify his identity.
“He was more naive than knave,” his solicitor, Mr Thomas Enright, told the court before Judge Conal Gibbons gave his client a concurrent three month addition to his present sentence.
