Man who was exploited and manipulated during a turbulent time in his life avoids custodial term

By Eimear Dodd

A man who was in possession of €240,000 worth of cannabis eight years ago was “exploited” and manipulated during a turbulent time in his life, a court has been told.

Niall Mulvaney (64) was experiencing homelessness and issues with alcohol when he accepted a controlled delivery of the drug on December 9, 2016, at Courtlough Business Park.

Having heard the facts of the case, Judge Pauline Codd said the court accepted Mulvaney was “taken advantage of” and that even though he took actions to “involve himself,” the offending occurred “at a particularly vulnerable time in his life.”

She said Mulvaney’s role was “low-ranking, but still an important role in the transport and trafficking of drugs”.

The judge noted the reports and evidence before the court, which showed that Mulvaney “appears to have turned his life around” and has taken steps to address the issues that led to his offending.

Judge Codd said it seemed Mulvaney acted “out of his general character” at the time “in light of the personal history and vulnerability of the person before the court”.

She imposed a five-year sentence but, due to the “unusual circumstances” of the case, suspended it in full on strict conditions.

The judge directed Mulvaney to place himself under the supervision of the Probation Services for two years and engage with any relevant services.

Mulvaney, with an address at Elgin Road, Ballsbridge, pleaded guilty to possession of cannabis for sale and supply.

He originally faced three charges, including one under Section 15a of the Misuse of Drugs Act, which carries a minimum mandatory sentence of ten years.

A jury was unable to reach a verdict following a trial in 2019. A re-trial took place last November, during which Mulvaney entered a guilty plea to a lesser charge under Section 15 of this Act.

Dublin Circuit Criminal Court heard that customs officials identified four boxes containing aluminium milk churns, in which the 12kg of cannabis was found.

A controlled delivery was carried out, and Mulvaney gave access to the area.

He initially gave the false name ‘Derek Martin’, which he used when signing the delivery.

Mulvaney was arrested at the garda station, and he confirmed his actual name.

He was interviewed, but nothing of evidential value was obtained.

The court heard Mulvaney bought a mobile phone the day before the delivery took place and used this to contact the courier.

Detective Garda Ivor Scully told Garrett McCormack BL, prosecuting, that Mulvaney didn’t cause any difficulties for the gardai and was at the “lower end of the scale” in terms of his involvement, having been manipulated by others due to his personal circumstances at the time.

He said Mulvaney was not on the garda radar and has not come to attention since this incident.

Mulvaney has six previous convictions, all from 2016, for minor road traffic offences.

Det Gda Scully agreed with Padraig Dwyer SC, defending, that 2016 was a turbulent time for Mulvaney and that it is unlikely he will come before the courts again.

He said Mulvaney was at the “bottom of the ladder”, adding that he didn’t “want to put him on the spectrum of involvement with the drugs trade” as Mulvaney had been manipulated.

Det Gda Scully agreed Mulvaney and his family were experiencing homelessness at the time, and he had issues with alcohol.

It was also accepted that he had no trappings of wealth.

Mr Dwyer told the court that the guilty plea was entered on the basis of recklessness due to his client’s vulnerabilities at the time.

He said Mulvaney was “vulnerable and exploited by others” due to his personal circumstances in 2016.

Members of Mulvaney’s family were in court to support him.

Counsel said this element was missing from his client’s life at the time of the offending, but he has since reconnected with his family.

Mulvaney’s daughter took the stand and gave evidence on his behalf.

The court was handed a probation report, psychological report, testimonials, medical report, and other documents.

Mr Dwyer said his client accepts responsibility for his actions.

He asked the court to consider imposing a fully suspended sentence and that his client was willing to engage with all available supports.

Judge Codd said the garda’s assessment of Mulvaney was “very fair”, noting that he was described as “not even at the low end of the food chain” but as a “person who was manipulated”.

She said the value of the drugs was significant, and this was an aggravating factor due to the “detrimental impact” of drugs on communities and society.

She said the court had to infer from the phone’s purchase the day before and the use of a false name that Mulvaney had “some level of guilty knowledge.”

Judge Codd said Mulvaney was “not a person with pro-criminal antecedents” and was someone who lived a pro-social life until he carried out this offence.

She noted he was not on garda radar at the time and has not come to negative attention since this offence occurred.