O'DONOGHUE ORDERS DRUG LAW REVIEW TO ENSURE CORRECT SENTENCING

JUSTICE Minister John O'Donoghue has ordered a review of stringent
drug laws amid concerns that judges are failing to hand down
mandatory sentences for traffickers. The minister is considering
whether certain conditions exempting judges from imposing a mandatory
10-year-sentence for those caught with drugs with a street value of
=A310,000 or more should be tightened up. "While I am satisfied that
the provisions have had a beneficial effect, I am, nevertheless,
examining the provisions in the context of forthcoming criminal
justice legislation with a view, if such is necessary, to further
strengthening the law in this area," he said.

There were concerns in 1999, when the measure was introduced, that it
would infringe on the independence of the judiciary. Murder is the
only other area of law where mandatory sentences are imposed. When a
jury finds a defendant guilty of murder, a life sentence is handed
down. However, under the Criminal Justice Act 1999, judges are
allowed to refrain from imposing 10-year sentences under exceptional
and specific circumstances in drugs cases.

In most cases, since the act was introduced, judges have invoked
these opt-out clauses. Mr O'Donoghue said the departmental review had
discovered the reasons for this. "Preliminary indications from the
study suggest that the main factors taken into account by the court
in situations where a sentence of less than 10 years has been imposed
are where the accused pleads guilty to the offence, co-operates with
the prosecuting authorities and materially assists the Garda S=CCoch=B7na
with its investigations."

Earlier this year, a US State Department report criticised the
Government for the lack of follow through on the 1999 Criminal
Justice Act regarding the imposition of mandatory 10-year sentences.

"In the first half of 2000, six cases came before the courts and the
mandatory sentence was not imposed in any of them. In each case, the
courts invoked the clause allowing for lighter sentences in cases of
'exception and specific circumstance," the report said. The report
described Ireland as an major trans-shipment point and as a gateway
to Europe.

Jail time dealt out

Drug dealers who escaped the 10-year-term:

* South African Clive Thompson received a three-year-term last month
for trying to import 13 kilos of cannabis herb, worth =A327,000, into
Dublin Airport.

* South African Tembi Mercy Cele was jailed for five years for
importing cannabis herb worth =A317,000.

* Major Dublin dealer Thomas Delaney was jailed for seven years last
January for his role in a haul of =A31 million worth of ecstasy.