Appeal court reserves judgment on Alyn Maginn’s suspended drugs sentence

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Alyn Maginn received a wholly suspended five-year sentence at Dublin Circuit Criminal Court on 23 February 2018 for possessing heroin and cocaine at Dublin Airport. He pleaded guilty to one count of possessing the drugs on 7 July 2017. The proceedings were reported on 18 December 2018.

Detective Garda Chris Brady told prosecuting lawyers that Maginn had arrived from Malaga and was spotted leaving Terminal 2 by customs. Maginn got into a parked car and stayed for more than two and a half hours before leaving it and being arrested. A search found drugs valued at €608,585, along with scales, bags, cellophane and mixing agent.

The court heard that Maginn had not imported the drugs and that they were already in the car. His co-accused, Martin Gilroy, owned them and was jailed for seven years. At the appeal, counsel for the Director of Public Prosecutions, Lisa Dempsey BL, said Maginn’s role was that of a minder.

A psychological report said Maginn had borderline cognitive ability, was on the autism spectrum and was easily led. His barrister, Ronan Munro SC, said his involvement was low and his moral culpability greatly diminished. Sentencing him, Judge Martin Nolan said Maginn was easy to manipulate and that his friend had taken advantage of him. The judge said it would be unjust to jail him because of his particular psychological make-up.

The DPP sought a review on the ground that the sentence was unduly lenient. Dempsey said the DPP’s real grievance was that it had been suspended in its entirety. The Court of Appeal reserved judgment.