Laois Man could face six years in jail
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A PROBATION report has been ordered on a Mountmellick man who has been warned he could be facing a six-year prison sentence after drugs were found near his home while it was being searched for fireworks by gardáí over three years ago.
Tony Cawley (33) of Derrycloney, Mountmellick pleaded guilty to possession of drugs for sale or supply contrary to Section 15 of the on 12 October 2021.
At a sentencing hearing at Portlaoise Circuit Criminal Court, Garda Cathal Burke gave evidence that a search was carried out at Mr Cawley’s home on that date for suspected unlicensed fireworks.
During the search, gardaí became suspicious about a ladder against a wall at the back of the house as there were markings which suggested someone had climbed over the wall.
Garda Burke said a quantity of cocaine and cannabis worth a total of €13,724 was found in plastic on the other side of the perimeter of the property.
He told counsel for the DPP, Will Fennelly BL, that several items, including a deal bag and digital scales, were discovered in a subsequent search of a garage, while a total of €11,500 in cash was found in various parts of the property.
When arrested, Garda Burke claimed Mr Cawley had stated he had no clue where the drugs came from.
However, the witness said approximately 20 messages on a mobile phone belonging to the accused specifically related to the sale of drugs.
The court heard that a jury had been empanelled after Mr Cawley had originally pleaded not guilty to a number of charges but that the defendant was later rearraigned and pleaded guilty to the single charge before the hearing.
Garda Burke also confirmed that Mr Cawley – a married father of three who works as a delivery driver – had nine previous convictions.
Cross-examined by defence counsel Marc Thompson BL, Garda Burke agreed that the accused had not been aggressive to gardaí and had not obstructed them during the search.
The witness also accepted that Mr Cawley was remorseful.
In a letter of apology to the court, Mr Cawley stated that he was “very sorry for putting myself into this situation” and that he should never have got involved with drugs, which arose after he had got “mixed up with bad company”.
Commenting on his three young children, Mr Cawley wrote: ‘They’re my life. I would do everything to get another chance.’ Mr Thompson pointed out that the accused was also drug-free for the past three years.
Although the barrister stressed that his client was not trying to buy his way out of custody, he suggested Mr Cawley could pay a sum of €5,000 to €10,000 in compensation.
Pleading for leniency, he argued that the defendant was “no mastermind” and “not an intellectual powerhouse” but realised he was on the cusp of going to the Midlands Prison.
Asked by Judge Keenan Johnson about the large quantity of cash found in the accused’s house, Mr Thompson said his client was a settled Traveller who was “suspicious of banks”.
The judge indicated he might impose a six-year sentence on the accused as he observed that Mr Cawley had “a huge level of culpability”.
However, he adjourned finalisation of sentencing in the case until 28 February to allow for preparation of a probation report and more concrete proposals for the payment of compensation.
