Electrician jailed for three years for drug possession

By Jessica Magee

A former ESB electrician found with over €133,000 worth of drugs has been jailed for three years, after a judge ruled that his culpability was lower than usual because of a brain injury.

Colm Sheehy (43) pleaded guilty to possessing €133,752 worth of heroin and cocaine at his home in Tymon Crescent, Tallaght, Dublin 24, on October 21, 2022.

At a hearing of Dublin Circuit Court on Thursday, Judge Martin Nolan said it was a serious offence that would ordinarily warrant a sentence of six years in prison.

But Judge Nolan said that given that Sheehy had sustained serious head injuries affecting his cognitive ability, he would cut this sentence in half and impose a three-year term of imprisonment.

The court heard that Sheehy suffered a significant brain injury after he fell off a ladder in a workplace accident in 2017.

 Judge Nolan accepted a defence submission that Sheehy’s culpability was lower than another person’s might be because his injury left him with a significant reduction in cognitive functioning.

Michael O’Higgins SC, defending, cited medical reports showing that Sheehy’s IQ dropped by 30 points after his accident and that he has difficulty processing and retaining information.

Sheehy also suffers from severe headaches, significant anxiety and depression and is not likely to be able to get work as an electrician, the court heard.

Garda Nicky Cleere told Derek Cooney BL, prosecuting, that Sheehy’s house was searched in October 2022 on foot of a warrant.

Sheehy was at home with his stepmother at the time and initially told gardaí there were no drugs in the house.

However, a search revealed several large blocks of heroin in the bedroom and elsewhere weighing nearly a kilo altogether. Gardaí also seized 13.6 grammes of cocaine valued at €954.

Sheehy told gardaí he was holding the drugs for a third party because he had a drug debt of €50,000.

He has 33 previous convictions, including several drug offences, one of which he served three years in prison for in 2002.

The court heard that Sheehy had been on bail for another drug conviction when he committed this offence.

Mr O’Higgins SC, defending, told the court that Sheehy has a long-standing drug addiction going back 20 years, during which he has managed to stay clean for lengthy periods.

Sheehy’s biological mother died when he was four years old, the court heard, but he has a very good relationship with his stepmother, whom he considers his mother.

He became addicted to heroin at the age of 18, the court heard.

Sheehy did well in prison and completed his electrician’s apprenticeship on his release but relapsed on drugs at various periods, including after the death of his late father.

A detailed letter from Sheehy’s brother explained how it was “the happiest day of his life” when he got a job with the ESB, as he had a very good work ethic and always worked to the highest professional standard.

Then, in June 2017, Sheehy fell from a ladder at work and suffered two brain bleeds, a fractured skull and a back injury.

Medical reports cited in court said Sheehy now has difficulty processing information, struggles to remember dates or find the right words, and has problems with concentration and impulse control.

The court heard that he is very socially isolated and has few friends, sometimes spending days in bed looking at the ceiling.

Sheehy’s brother said the accused has always been a vulnerable person, preyed upon and easily led.

When Judge Nolan asked counsel how Sheehy’s physical illnesses affected his culpability, Mr O’Higgins responded that Sheehy “comes in lower than another person”.

“He’s a shadow of the person he was. His cognitive ability to weigh up risks and benefits was somewhat impaired,” counsel said of Sheehy.

The court heard that Sheehy has been accepted to attend an 18-month residential drug treatment centre at Tiglin, but that he is still on the waiting list.

Judge Nolan said Sheehy “was an obliging man with many, many good points and a good work history”, adding that it was “unfortunate for everybody” that he had fallen from a ladder and sustained serious injuries.

“The injuries affected him greatly, affecting his confidence, his ability to find employment and his capacity to lead a productive life,” said the judge.

“The brain injury contributed to his drug-taking, to some degree, and obviously, he was somewhat more vulnerable,” said Judge Nolan, adding that Sheehy “still knew the difference between right and wrong”.

The case was adjourned to next Friday (July 26) to deal with Sheehy’s previous drug conviction, for which he had been on bail when he committed this offence.