By Jessica Magee
A 26-year-old man has been jailed for people smuggling after he helped a friend get into Ireland earlier this year in breach of immigration regulations.
Kevin Ahmetay (26), of no fixed abode, came before Dublin Circuit Criminal Court on a signed guilty plea to one count of unlawfully assisting someone’s entry into the State on May 5.
The court heard that Ahmetay and his friend, both from Albania, were stopped by gardaí at Terminal One, Dublin Airport after they arrived on a flight from Italy.
Garda Pat Murry told Marc Thompson Grolimund BL, prosecuting, that Ahmetay’s friend gave a false name and produced a false Bulgarian passport.
When Ahmetay was questioned by gardaí, he produced a genuine Bulgarian passport in his own name and said there was no connection between him and the other man.
However gardaí established a connection between them, in that they had travelled on the same booking and had checked in in sequence.
Both men were interviewed separately and the first man told gardaí he was an old school friend of Ahmetay’s and was seeking entry into the State under a false passport.
Ahmetay did not answer questions on foot of legal advice, the court heard, but indicated early that he would be pleading guilty.
He has one previous conviction from the UK where he lived for many years, for producing cannabis, for which he received a suspended sentence.
The court heard that Ahmetay was carrying a genuine Albanian passport belonging to his friend, which he was going to return to him once they got into Ireland for onward travel.
In a ruling on Thursday, Judge Martin Nolan said that Ahmetay had been holding his friend’s true documents, while the friend travelled under false documents.
Judge Nolan said any sentence must have some deterrent value to other third parties “who may be thinking of embarking on this course”.
The judge set a headline sentence of three years, but by reason of what he said was Ahmetay’s excellent mitigation, he reduced this to a sentence of 16 months, backdated to May 5 this year.
Judge Nolan noted that Ahmetay was unlikely to reoffend, describing him as an intelligent man with a good educational history and a good future in front of him.
Gda Murray agreed with Michael O’Higgins SC, defending, that Ahmetay was originally from Albania but held a Bulgarian passport through his father.
The garda also agreed that there was no evidence of any commercial gain for Ahmetay by committing this offence.
Mr O’Higgins said his client was a university student who has lived for many years in the UK and was due to complete his college course this year.
The court heard Ahmetay had achieved good GSCE results and had a number of FETAC awards in technology and applied science.
A doctor’s report said Ahmetay started to suffer with anxiety after getting Covid-19 and was treated with anti-depressants.
Mr O’Higgins said the conviction has had “catastrophic consequences” for Ahmetay, who is separated and the father of a young baby.
Ahmetay has only had one family visit since he went into custody in May, the court heard.
A governor’s report confirmed that Ahmetay is on an enhanced regime in prison where he works as a cleaner and attends school and gym.
Mr O’Higgins said his client is very remorseful, embarrassed and ashamed and has paid a significant price for his offence.
Counsel pointed out that the offence of smuggling people into the State is relatively new to be prosecuted in this jurisdiction.