Tyrone man was a ‘drugs mule’

A TYRONE man who was apprehended carrying a haul of cannabis valued at over 20,000 euro while acting as a drugs mule, was given a suspended 18-month jail sentence at Letterkenny Circuit Court.

Imposing sentence on Anthony Foley with an address at Primrose Park, Sion Mills, Judge John Aylmer said the accused had undergone treatment for his cannabis addiction and appeared to be drugs free.

Giving evidence, Garda Michael Rafferty said he had observed a blue BMW being driven erratically between Burt and Bridgend at around 1.30pm on September 2, 2021.

The driver began tail-gating another car near Newtowncunningham and another vehicle had to veer off the road to avoid a collision

When Gardai stopped the BMW they found the accused sitting in the passenger seat with another male in the driving seat. A female was in the back seat.

Garda Rafferty told the court he got a smell of cannabis and after a search of the vehicle, a black bag was recovered from the footwell where Foley was sitting.

“Aye, that’s my bag,” the accused admitted at the scene. A white box was located in the bag containing a green substance wrapped in black plastic.

The contents had subsequently been examined at the Forensic Science Ireland laboratory and was found to be 1,007.1 grams of cannabis with a street value of 20,142 euro.

Gardai seized the accused’s mobile phone and when he was taken in for questioning he said it had been a stupid act on his part. He was getting a “couple of hundred euro” for his involvement.

Foley told Gardai he had received a call that morning asking him if he could do a favour and he had agreed. “I bought it off a guy in Derry,” he said.

The accused said he smoked cannabis himself but insisted he was not a dealer. “I was stupid enough to agree to something,” he added.

The court heard that he had a number of previous convictions in Northern Ireland including two for possession of drugs and other offences involving criminal damage, assault, and the unauthorised taking of a vehicle.

Taking to the witness stand, the accused said he was sorry for the shame he had brought to his children, his parents and grandparents.

Asked if he had taken cannabis since, he said, “Never”.

Mr Smyth said his client had acted as a drugs mule but had cooperated fully with Gardai after his apprehension.

Judge John Aylmer placed the offence at the lower end of the scale given that the accused was carrying the drugs for others for what represented a small reward. He said the offence merited a sentence of two years’ imprisonment.

“He was fully cooperative with the investigation and made an early plea of guilty and has not come to any adverse attention since,” the judge said.

Judge Aylmer said the accused had engaged fully with the rehabilitation services and had undergone a four month treatment programme.

Judge Aylmer subsequently reduced the sentence to one of eighteen months and suspended it in its entirety on condition that the accused enter a bond of 100 euro to be of good behaviour.

Prosecuting counsel, Fiona Crawford, BL asked that a destruction order be made in relation to the drugs.