SON OF GARDA AVOIDS JAIL FOR INVOLVEMENT IN DRUGS TRADE

THE son of a long-serving garda officer has avoided a prison sentence for
his involvement in drug dealing.

Tony Kirby (25), Sweetfield Estate, Youghal, Co Cork, who spent the two
previous nights in Cork Prison awaiting sentence, was allowed to walk free
from Dungarvan District Court, yesterday, after Judge Gerard Haughton
directed that the defendant undertake 240 hours' community service in lieu
of a nine-month sentence. Another 11-month sentence was also imposed on
him, but the judge ordered that the warrant would not be issued if Kirby
isn't convicted of an offence of any kind for the next two years.

The defendant had pleaded guilty to three drugs-related charges last Monday
when he appeared before Judge Haughton at a special sitting of Youghal
District Court. He was remanded in custody to yesterday's special sitting
of Dungarvan court for sentence. Kirby pleaded to two charges of possessing
illegal drugs at a local hotel on the night of January 10-11 last for the
purpose of supplying and selling them to others, and a third offence of the
unlawful possession of drugs on the same occasion, contrary to the Misuse
of Drugs Act.

The court had been told that Kirby had sold one amphetamine tablet each to
two plainclothes female gardai for IEP10. Shortly afterwards there was a
garda raid on the hotel, and Kirby was found to be in possession of 39
tablets and two packets of the drug in powder form.

At yesterday's court, defence counsel, John Devlin, urged Judge Haughton to
be lenient. His client, he said, had no previous convictions and wanted to
start life afresh.

Mr Devlin said Kirby has had a taste of prison for the past two nights and
had found it to be a terrifying experience. "He will not offend again in
this manner, I can assure the court."

Stating that he was dealing with the defendant on the basis that he had no
previous convictions, Judge Haughton sentenced him to nine months'
imprisonment on one of the charges of possessing the drugs for sale and
supply.

However, he substituted 240 hours' community service in lieu and adjourned
the matter to Youghal District Court on January 28 for a report on Kirby's
suitability to undertake the community service.

On the second charge of having drugs for sale and supply he was given an
11-month sentence, suspended on condition he does not re-offend for the
next two years.

The third charge was marked taken into consideration.

Checked-by: Pat Dolan