Former soldier gets suspended term after he was caught with €10,000 worth of drugs

By Declan Brennan

A former soldier who was caught with over €10,000 of illicit drugs has received a fully suspended prison sentence.

Graham Hayes (33) had “literally” just opened the boot of a car containing the drugs when gardaí happened to pull up beside him, Dublin Circuit Criminal Court heard.

He ran away, but was chased and apprehended.

Hayes had previously been discharged from the army after failing a random drugs test and went on to build up a substantial drug debt.

Hayes of Harmonstown Road, Artane pleaded guilty to possession of heroin and cocaine for sale or supply at Knockmore Green, Tallaght on January 28, 2019.

He has four previous convictions for road traffic offences.

Passing sentence today, Judge Melanie Greally noted the garda evidence that Hayes’ role was limited to holding the drugs and that this was the first time he had become involved in this type of offending.

The court heard he had built up debt from cocaine use and he was told he would have some of that debt reduced if he stored the drugs.

Judge Greally suspended a sentence of 32 months on condition that he keep the peace for that period and engage with drug intervention services.

Garda Ruain McLoughlin told Sinead McMullan BL, prosecuting, that he was on patrol in an unmarked car on the date in question when he stopped beside Hayes as he stood beside the open boot of a silver car.

Gda McLoughlin said when he opened the car door, Hayes ran away and he had to chase him in order to apprehend him.

The car was searched and plastic bags containing heroin and cocaine were found, as was a stun gun.

The total value of all of the drugs found was €10,683.

In interview with gardaí, Hayes said he had been told to pick up whatever was in the car and had “literally” just opened the boot when gardaí arrived.

He said he took cocaine and had a drug debt of €20,000.

Gda McLoughlin agreed with Sarah-Jane O’Callaghan BL, defending, that her client was not on the radar of gardaí before or since the offence.

The garda agreed with counsel that Hayes did not have any particular knowledge of what was in the car other than the items were illegal.

He said he was satisfied Hayes was not making any money from drugs.

Ms O’Callaghan said her client began taking drugs aged around 28.

She said he was subjected to a random drug test while in the army which was positive for cocaine and he ultimately received an honourable discharge.

Counsel said her client ended up going into a very dark place, succumbed more and more to the temptation of drugs. She said her client lost his family, but he is now in a very good place and indicates he is clean of all illicit substances.