Man who suffered ‘unfathomable tragedy’ spared jail

A man who suffered “unfathomable tragedy” in his personal life has avoided jail after being caught with €30,000 of a cutting agent sometimes used with cocaine.

The court heard Noel Fitzgerald, aged 48, was a well-respected member of his inner city community and this offence was “wildly out of character.”

Fitzgerald, of St Michans House, Greek Street, Dublin pleaded guilty at Dublin Circuit Criminal Court to possession of benzocaine in circumstances which gave rise to the reasonable inference that it was for a purpose connected to a drug trafficking offence on April 22, 2015.

Judge Melanie Greally said the amount of benzocaine seized was very significant and was clearly intended to be used as a cutting agent for the cocaine business.

She said he was performing a necessary function in “fetching and carrying” to keep the whole drug structure going.

She noted he was a contributing member of the community active in projects which help keep young people away from the drug trade. She said he had not come to any further garda attention and did not appear to be materially gaining from the offence.

She said she was going to take into account the exceptional personal circumstances in the years proceeding this event and noted a family member had said he had became “detached” from them around this time.

Judge Greally imposed a three-year sentence which she suspended in full for five years but warned Fitzgerald if he came before the court again with any hint of involvement with unsavoury elements with in the community he would serve the entire sentence.

Detective Jerome Toomey agreed with Pieter le Vert BL, defending, that Fitzgerald had owned up to his own role but did not answer questions about who else was involved.

Mr Le Vert said Fitzgerald’s life had been “marred by unfathomable tragedy” including the death of some of his children. His son and wife also suffered ill health.

He said Fitzgerald had a number of health issues and around the time of the offence “everything hit him at once” and he began to abuse sleeping tablets.