Man caught trying to throw over €3,300 worth of drugs into Wheatfield Prison jailed for 18 months

By Eimear Dodd

A former janitor at Temple Street Hospital caught trying to throw over €3,300 worth of drugs into Wheatfield Prison has been jailed for 18 months.

Dublin Circuit Criminal Court heard that Dylan Fogarty (31) and another man were spotted by gardai at Cherry Orchard Green, Ballyfermot on February 26, 2023.

Garda Fiachra Whelan told Tessa White BL, prosecuting, that he was on mobile patrol and saw the men go through a gap in the fence at Cherry Orchard Green towards Wheatfield Prison.

Gardai followed the men and saw Fogarty attempt to throw items over the wall of the prison.

When Fogarty was told that gardai were going to carry out a search, he attempted to evade them.

Fogarty then tried to discard four copper pipes which contained items wrapped in plastic.

The pipes were retrieved and found to contain €3,355 of heroin and €90 of cannabis.

The Irish Prison Service told gardai that nothing was found inside the prison grounds.

The second man escaped the scene and has not been apprehended by gardai.

Fogarty of Moorefield Drive, Clondalkin, Dublin 22 pleaded guilty to possession of cocaine and cannabis and obstruction of a garda in the course of their duties.

He made no comment after his arrest and was on bail at the time of the offence.

Fogarty has 14 previous convictions including five under the Misuse of Drugs Act.

Gda Whelan agreed with Emmet Nolan BL, defending, that this offence was an “attempt rather than a successful completion”.

Mr Nolan said he is instructed that Fogarty developed a serious addiction while serving a sentence in Mountjoy Prison.

The witness accepted that Fogarty was asked to take part in this offence to reduce a drugs debt.

Mr Nolan told the court his client was jailed in Mountjoy Prison in 2021 and “unfortunately” turned to illicit substances as a coping mechanism.

He said Fogarty also developed significant mental health issues and suicidal ideation.

Members of Fogarty’s family were in court to support him, and his partner is due to give birth shortly.

Letters from Fogarty’s parents and partner were handed to the court.

Counsel said Fogarty left school at 12 and started to use cannabis when he was 13.

He has a good work history, including as a former janitor at Temple Street Hospital.

Mr Nolan asked the court to consider that his client has not come to negative garda attention since this incident and submitted Fogarty is trying to rehabilitate himself.

Judge Orla Crowe said the aggravating features included that Fogarty was attempting to supply drugs to a prison and tried to evade arrest.

After considering the mitigation, the judge noted that Fogarty has not come to other negative attention since this incident.

She imposed a three-year sentence with the final 18 months suspended on strict conditions, including that he keeps the peace for two years and undergoes 12 months of supervision by the Probation Service post-release.

After sentence was imposed, Mr Nolan asked the court to recommend his client go to Wheatfield Prison because of his previous difficulties in Mountjoy Prison.

The judge said the court was “not inclined to do” this, noting that Wheatfield Prison was the “locus of offending”.