By Fiona Ferguson
A “vulnerable” couple who stored drugs worth over €200,000 after running up debts will be sentenced in May.
Dublin Circuit Criminal Court heard that Jason Whelan (39) and Vivian Hanley (40) both had drug habits which led them into debt and they found themselves the subject of threats.
Whelan and Hanley, of Hampton Wood Point, Finglas, pleaded guilty to possession of drugs for sale or supply at their home on April 20, 2022. Whelan has no previous convictions, while Hanley has 15 convictions for road traffic offences.
An investigating garda told Kieran Kelly BL, prosecuting, that gardai carried out a search out at the couple’s home and located drugs with a total value of €230,828. This was made up of €137,200 of cannabis, €66,126 worth of Diazepam tablets and €27,502 worth of Etizolam tablets.
They also recovered black weighing scales and three phones. Both parties co-operated with the search. They entered guilty pleas on their trial date.
The garda agreed with both defence counsel that the couple were vulnerable individuals.
The court heard both parties are carers for a relative of Hanley’s who lives with them.
The garda agreed with Garett Baker SC, defending Whelan, that the couple were under an element of “real world” duress and were very frightened. The drugs did not belong to them.
The garda agreed with Dominic McGinn SC, defending Hanley, that while the valuation of the drugs was high, the couple’s position within the drug world was low and they had been “preyed on” by others.
Mr McGinn said Hanley has taken steps to address her drug addiction and has turned a corner in her life. He said she is getting help with her education and getting into the employment market.
He said she is a carer and also has her own health issues. He submitted she was at the lowest end of the scale, had been preyed on and was in fear. He said she had been living in desperate conditions.
Counsel submitted that in the circumstances of the case the court could depart from the mandatory minimum sentence of 10 years. He asked the court to construct a sentence to allow Hanley continue with the trajectory of her life and continue with the care of her relative
Mr Baker said Whelan had become addicted to cocaine during “lockdown” and generated debts as a result. Whelan instructs he is now clean of drugs and swears never to be in this position again.
Counsel said Whelan had a work history but was on anti-anxiety medication after developing PTSD following an attack in his 20s. He said the gardai accepted there had been threats made to the couple.
Judge Orla Crowe adjourned finalisation of sentencing until May for urine analysis and for a probation report to be prepared.