Judge gives youth ‘one final chance’ to avoid jail

A YOUNG man who was caught with relaxant tablets for sale or supply at a swimming pool car park was given one last chance yesterday to meet the probation service if he wanted to avoid jail.

Damien O’Brien, aged 21, came to the attention of Garda David Craig while acting suspiciously in the car park of Leisureworld, Bishopstown, Cork, on the evening of July 15, 2009. O’Brien had 99 Upjohn 90 tablets in his possession.

He was subsequently convicted of having the tablets, otherwise known as Alprazolam or Xanax, for selling or otherwise supplying to others at that time and place.

The case was put back previously for O’Brien to meet with the probation service to determine if he would be suitable for a community service order instead of going to prison.

O’Brien’s address was given on the summons as 48 Castlepark, Ballincollig, Co Cork, but it came back to the probation service indicating he was no longer at that address.

When contact was made with O’Brien, a number of appointments were made but the defendant did not keep them.

Judge Leo Malone noted from a probation report yesterday that on November 2, O’Brien turned up for an appointment but was under the influence of an intoxicant. The appointment was rescheduled for November 15 and he failed to appear.

Judge Malone asked the defendant: “How many more chances do you want?” He warned the defendant he could receive a 12-month jail sentence for the drugs charge.

“I will give you one final opportunity. If you do not engage with the probation service now I will not give you another chance,” the judge said.

Defence solicitor Gerard Hanley said the defendant was making serious efforts to deal with his difficulties. O’Brien asked for his address to be changed to a house at Cedar Dale Drive in Ballincollig, instead of Castlepark.

The case was adjourned for a fortnight.