‘Nervous’ behaviour led to €48k drugs haul
Published:
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Author: Ronan Judge
~ 3 minutes read
From this week's Galway City Tribune
By Ronan Judge
A drug driver who was caught with drugs worth €48,000 after parking his car near Gardai in Mervue in Galway City has received a two-year prison sentence.
Declan Gallagher (31), with an address at 5 Coole Park, Bohermore, pleaded guilty to possession of drugs with a market value of €13,000 or more, contrary to section 15 (a) of the Misuse of Drugs Act.
He also pleaded guilty to drug driving contrary to section 4 of the Road Traffic Act.
The charges relate to an incident at Mervue Shopping Centre on October 30, 2021.
The case was previously adjourned to allow Gallagher continue rehabilitation and at last week’s hearing at Galway Circuit Court, defence barrister, Brendan Browne BL, said his client engaged fully with all services and counselling at Hope House.
The court heard Gallagher had provided dozens of clean urine samples and had been sober since July 2024.
A report from the probation services put him at a low risk of reoffending, the court was told.
Mr Browne said his client had a history of addiction and was transporting the drugs to reduce a debt and has no trappings of wealth.
Counsel submitted given his client’s level of rehabilitation, exceptional circumstances existed for the court to impose a wholly suspended sentence.
He said Gallagher accepted he was a “small but essential wheel” in the drugs trade.
Judge Brian O’Callaghan said the aggravating factors in the case included the value of the drugs and the drug dealing paraphernalia Gardaí found when they searched the accused’s car.
He said the court also noted Gallagher had been driving under the influence of drugs when the drugs were found.
He said in mitigation, the court must consider Gallagher was a first time offender, had been sober since July 2024 and had undergone “serious rehabilitation”.
He said the court also noted the accused’s remorse and the offer of €3,000 as an expression of that remorse.
Judge O’Callaghan said he had read the papers in the case “more than once” and considered all factors, including rehabilitation, but “at the end of the day this man owes a debt to society”.
On the section 15 (a) drugs charge, Judge O’Callaghan imposed a headline sentence of four years with the final two years suspended, on conditions.
Gallagher was fined €250 and disqualified from driving for four years for the drug driving offence.
Judge O’Callaghan said that if not for the level of rehabilitation and the substantial mitigation, the sentence would be higher. He said the accused had a young family and the court would defer commencement of the sentence to January 20, 2026.
At the previous sentencing hearing, the court was told Declan Gallagher “appeared nervous” and kept going to and from his car in the Mervue shopping centre where Gardaí where dealing with a separate incident on October 30, 2021.
Garda Cormac McEvock told the court he checked the car’s details and the owner had previously come to Garda attention.
He said that when he spoke to the driver he got a strong smell of cannabis and Gallagher admitted he had been smoking cannabis earlier.
The court heard a large amount of cannabis and a cannabis grinder were found during a search of the car at the shopping centre and a further search at a Garda station yielded a quantity of cocaine.
The court heard the combined value of the drugs was €48,000.
Gda McEvock told the court he was aware the accused had a drug addiction, had accumulated a large drugs debt and was transporting the drugs for a “bigger fish”.
Funded by the Courts Reporting Scheme.
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