Kildare defendant ‘not cut out for prison’
Photo for illustrative purposes only
A DISTRICT Court judge turned into a Eurovision judge when he awarded “nul points” to the prosecuting sergeant for her efforts in trying to pronounce ‘chloromethacathinone’ (CMC) following its seizure from a car in Athy in July.
The exchange occurred in the case of Jack Browne (22), Coill Diarmada, Ardilea, Castledermot, who appeared before Naas District Court on 8 October via videolink to plead guilty to both possession (S3) and possession with intent to supply (S15) €1,400 worth of the CMC that was discovered in his car on Stanhope Street, Athy on 5 July.
“It’s related to amphetamines,” explained prosecuting officer Sgt Coleman.
“Can you pronounce that?” asked a mischievous Judge Desmond Zaidan.
After several valiant attempts, Judge Zaidan uttered the two most famous French words of a European springtime – “nul points” for her efforts, before returning to the more serious matter at hand.
Because Mr Browne had pleaded guilty, his previous convictions could be revealed and the court learned that he had five for possession, the most recent from 2022.
His solicitor Tim Kennelly told the court that “his parents and partner are here.” “What date did you go into custody on this matter?” asked the judge.
“I’m not sure,” said the defendant, however his mother was.
“6 July,” she said from the back of the court.
“That’s three months now,” said Mr Kennelly, “and he’s found the whole experience horrible, he’s getting threats, he’s just not cut out for prison.” “He has effectively served a three-month sentence already,” he reminded the court.
“When you hear what he tells you about prison, you’re unlikely to hear from him again,” said Mr Kennelly.
“Can you pronounce this drug?” the judge asked the defendant.
“Not a chance,” he replied quickly.
“He has dyslexia,” offered his mam by way of explanation.
“You’ve been very fair to my client and gave him two days (liberty) for the birth of his child,” Mr Kennelly reminded the judge.
“He is very remorseful, particularly how its affected his partner and parents,” he added.
“I’m asking you not to give him a long sentence, he just wants to get out and see his baby.
“He’s not a dangerous man, just a man who made really stupid decisions.
“He is not a career criminal but is in before the Circuit Court tomorrow (9 October) on other matters,” clarified Mr Kennelly.
“He co-operated fully with you guys?” the judge asked Sgt Coleman.
“Oh, yes, judge. He made full admissions in the station,” interjected Mr Kennelly quickly.
“Judge, he made a ‘no comment’ reply to (formal) charge,” clarified Sgt Coleman.
“In any matter, he pleaded guilty at the first opportunity,” Mr Kennelly quickly clarified.
“OK. On the S15, three months in prison, with the S3 taken into consideration,” ruled Judge Zaidan.
“Thank you, judge,” said Mr Browne quietly.
The judge then had a quick word with the attending prison guard about the forthcoming formalities before turning to Mr Browne to tell him: “You will probably be out today” (on account of time served on remand).
