Man avoids jail term after being caught with 200,000 untaxed cigarettes
Gary Ibbotson 10 Mar 2022By Brion Hoban
A street trader referred to as “the Del Boy of Cabra” was caught in possession of over 200,000 untaxed cigarettes and €135,000 of trademark violating items, a court has heard.
David Keegan (43) was found in possession of the items when several lock-ups he was renting were searched in a joint operation between gardaí and Revenue.
19 stolen televisions were also found during the search.
Keegan of Dingle Road, Cabra West, pleaded guilty at Dublin Circuit Criminal Court to evasion of excise duty on cigarettes and tobacco at The Rise, Glasnevin, on August 2, 2017.
He also pleaded guilty to offering for sale goods resembling trademarked goods without authorisation and handling stolen property at the same address on the same date.
He has seven previous convictions, including convictions for drink driving and other road traffic offences.
In December 2019, Judge Martin Nolan sentenced Keegan to 18 months imprisonment in relation to the cigarettes offence.
Passing sentence yesterday after hearing evidence regarding the trademarked goods and stolen televisions, Judge Nolan remarked that he supposed Keegan was “the Del Boy of Cabra”.
The judge said he had no doubt he would have increased the sentence given in 2019 had he heard all matters together.
He said his view at this stage is that it would be unfair to imprison Keegan again.
Judge Nolan sentenced Keegan to 18 months imprisonment, but suspended the sentence in its entirety on strict conditions.
Garda Keith Morris told Diana Stuart BL, prosecuting, that when gardaí searched various lock-ups, in addition to cigarettes they discovered a large volume of items bearing brand names such as Chanel and Michael Cors.
The valuation of the trademarked items was placed at €135,000.
Gardaí also discovered 19 stolen televisions in the lock-ups.
Gda Morris said Keegan told gardaí that he had bought the televisions from another trader and that he had brought the trademarked items in from Turkey.
The garda agreed with Luigi Rea BL, defending, that his client served his sentence effectively in solitary confinement due to Covid and this had a huge physical toll on him.
Gda Morris agreed with counsel that his client has not put a foot wrong since being released from custody.
During the sentencing hearing in 2019, Revenue Officer Michael Griffin told Grainne O’Neill BL, prosecuting, that on foot of confidential information a surveillance operation was put in place in Glasnevin where the accused rented several lock-ups.
Keegan was observed reversing a van up to a lock-up and unloading it with the help of his son.
Approximately 229,000 cigarettes were discovered in the van and the lock-ups, along with 3,244 50g pouches of fine tobacco.
No tax stamps were fixed to any of the items.
The total value of the items was €194,228.70 and the total amount of lost excise duty was €163,373.64.
In interview with gardaí, Keegan said he had been selling cigarettes for around 12 months.
Mr Griffin agreed with Mr Rea that his client’s family were street traders.
He agreed that Keegan played semi professional football until he suffered an injury.