A reformed drug dealer, who had sold more than €200 worth of narcotics to undercover gardai during Operation Scarf, succeeded in having his 18 month prison sentence suspended at Galway Circuit Appeals Court last week.
Richard D’Alton with an address at 115 Corrib Park, Galway, appeared before Judge Raymond Groarke to appeal an 18 month sentence he received in the Galway District Court last year for possession of ecstasy and cocaine for the purpose of sale or supply.
Undercover gardai from the National Drugs Unit stationed in Dublin carried out a surveillance operation, known as Operation Scarf, in Galway city resulting in the arrest of a number of small-time drug dealers.
State solicitor Willie Kennedy told the court that in March 2007 the appellant sold drugs to undercover gardai. D’Alton sold six ecstasy tablets worth €30 during one deal and cocaine worth €100 on two other occasions. On May 30, 2008, D’Alton was arrested and he admitted the offences. Mr Kennedy added that D’Alton had no previous convictions before this incident and had not come to Garda notice since.
Defence barrister Ms Geri Silke BL said that her client had taken urine tests which were all negative and that he has done everything in his power to put his life in order. Ms Silke explained that D’Alton’s problems began before his 12th birthday when his mother died of cancer; he soon fell into addiction which continued into his 20s. She said that D’Alton’s father has also recently died of cancer and his sister was diagnosed with the disease two years ago.
Ms Silke said that D’Alton was not trying to use his background as an excuse and that his time in custody has been “a wake up call”. She added that her client has used his time in custody well and is now trying to get back into the employment world.
“If he has survived the death of his father and the worry of the court case without falling back into his old ways then he is doing well,” said Ms Silke who then asked the judge to put the sentence back for one year to monitor the situation.
After careful consideration, Judge Groarke said that people dealing in drugs should go to prison and that he did not want the public to think that these crimes will be met with light sentences. However, he acknowledged the good and “persuasive” reports, that D’Alton seemed an intelligent man who had the capacity for hard work and motivation. He also noted the positive influence of his partner.
Judge Groarke, “with great reluctance”, then suspended the 18 month sentence on condition that D’Alton enter a bond of €100 to keep the peace and be of good behaviour for three years.
