Rattigan directed heroin deal from jail

A criminal gang leader has been found guilty of the possession and supply of €1m worth of heroin while he is in prison.

The Special Criminal Court yesterday agreed with the prosecution case that Brian Rattigan, aged 32, was the director of a drugs gang conducting a €1m heroin deal.

The case before the non-jury court is believed to be the first time a drug dealer has been found guilty of charges connected to directing the supply of drugs while incarcerated.

Rattigan, formerly of Cooley Road, Drimnagh, had pleaded not guilty to the possession of heroin and two counts of possession of the drug for sale or supply on Hughes Road South, Walkinstown, Dublin, on May 21, 2008.

The court cleared him of two counts relating to the possession of two mobile phones at Cell 42, E1 Landing, Portlaoise Prison while an inmate at the prison on May 22, 2008, which he had also denied.

Presiding judge Mr Justice Paul Butler said the court was satisfied that a “tick list” was sent by Rattigan to a Nokia mobile phone found with the heroin at the house on Hughes Road South and this, taken in conjunction with notes found in his prison cell, amounted to directions as to the distribution of the drugs.

Mr Justice Butler said that no other reasonable inference could be drawn from the evidence.

He said the court was “fully satisfied beyond a reasonable doubt” Rattigan threw a mobile phone out of his cell upon the arrival of gardaí to search it, and that he was in possession of that device and others found in his cell.

However, he said the court found that the legislation on the possession of mobile phones in prison was drafted without any presumption that a person is without permission, and there was an onus on the prosecution to prove this.

The matter will be listed for sentencing on Mar 20.