Louth man must donate more money to charity to win appeal against drugs suspended sentence

By Francis Carroll, The Drogheda Independent

A 33-year-old security guard has been told that if he returns to the circuit court with more money for charity his appeal against a suspended sentence for drug dealing will be allowed.

Gerard Joyce was sentenced to four months imprisonment, suspended for 12 months, for possession of cannabis for sale or supply at his Clontygora Court, Muirhevnamor, Dundalk home on May 1, 2021.

The district court heard that at 12.45pm members of the Drugs and Crime units executed a search warrant.

In a bedroom upstairs they found three brown boxes containing empty deal bags, as well as €10,100 cash in €50 denominations, in socks.

Over the rear perimeter wall a Centra bag was on the ground. There was a strong smell of cannabis from it.

The bag contained a bag of suspected cannabis herb, plastic packaging, a red Daz container with plastic packaging inside, and an orange and black digital weighing scale.

A black Samsung mobile phone was downloaded and showed evidence of the sale or supply of drugs, the court heard.

A forensic scientist from FSI said what she analysed was 33.7g of cannabis, which gardaí estimated had a value of €674.

Mr Joyce, who contested the Section 15 charge, said the drugs were worth about €300. They belonged to him. He smoked some and "sold enough to pay the bills”.

He made no reply when asked why he threw the bag across the wall. He admitted ownership of the weighing scale, deal bags and mobile phone.

The accused said the cash belonged to him. He got a €15,000 loan from the Credit Union to renovate the house. It was not profit from the sale or supply of drugs.

It was put to him that he said during a voluntary cautioned interview at the time that the money came from a claim for a car accident of “€40,000 to €50,000”.

Mr Joyce said he got the loan against the claim. There was “€8,000 give or take” in the house.

Gardaí received no documentation about a Credit Union loan or a claim.

The case had been adjourned for clarification of a continuity of evidence issue before sentence was imposed.

There were two previous Road Traffic convictions regarding an NCT, and none for offending of this nature.

Barrister Eoghan Fagan told the circuit court appeal that his client has a partner and two children.

A security guard, he aspired to join the Fire Service.

Judge Patrick Quinn said that it was a “huge ask”.

However, he said that he would allow the appeal if Mr Joyce had another €800 on March 3 next.

All of the money could be shared between Turas Counselling Service and The Red Door.