Mother jailed for 10 years for possessing cannabis

A mother who was caught with cannabis resin valued almost €400,000 has been jailed for 10 years after Judge Frank O’Donnell said he could not find any circumstance that would justify imposing a lesser sentence.

Esther Cullen (aged 49 ) from Drumcairn Gardens, Tallaght,took part in an operation "designed to exploit the weakness of those addicted to drugs for her own gain," said Judge O’Donnell.

Cullen was convicted in April by a jury at Dublin Circuit Criminal Court of having the cannabis at a house on Galtymore Road, Drimnagh on April 23, 2003. She was caught in the course of a "controlled delivery" of the drugs organised by Customs and Excise officials and the gardaí.

Mr Joseph Mooney (aged 20 ) from Emmet Road, Inchicore, her nephew, was acquitted by the jury of the same charge following a six-day trial. Both had denied the charge.

Judge O’Donnell said that he believed her nephew was convinced by "persuasion or promises" to accept the delivery at Galtymore Road and that she (Cullen) or "whoever you were covering up for, was happy to sacrifice your own nephew for your own illicit gain."

He pointed out that neither the jury nor himself accepted the explanation offered by Cullen during the trial that she had the drugs in her possession to bring them to the gardaí.

Judge O’Donnell said it was sometimes urged upon him that cannabis is less addictive than other drugs but in his experience the drug addicts that came before him had started their addiction to drugs with cannabis.

He also cited a report by a former garda officer Tony Hickey, recently published in the media, stating that 70% of drug crime was cannabis related although Judge O’Donnell pointed out that this would not affect his judgement. He was merely mentioning it, he said.

Judge O’Donnell said he took into consideration Cullen’s previously unblemished record and evidence that she played a leading role in her community. He said he was unhappy to impose a sentence on a woman of her age who had children and a husband of ill health.

He said he witnessed mothers of her own age standing at the back of the court straining their ears to hear the sentence that would be imposed on their drug addict sons.

Other women, he said, some older than herself, were too afraid to come into court to give evidence of a savage attack upon them by some drug addict who needed money to purchase drugs such as she (Cullen) was caught with.

Judge O’Donnell sentenced Cullen to 10 years in prison which he backdated to April 25, last, when Cullen first went into custody after being convicted by the jury.

The jury heard that customs officers at Dublin Airport opened a package which had arrived from Spain for delivery by courier and which was found to contain 124 bars of cannabis resin with a market value of €400,000.

A decision was made to carry out a "controlled delivery" whereby a garda would dress as a courier and take the package to the address marked on it.

The package was taken to a house on Galtymore Road where the garda got into a conversation with Mr Mooney who agreed to sign for it even though it was not addressed to him. He asked the 'delivery man' to bring the box up to his bedroom.

The jury was told that gardaí then observed a car arriving at the premises and that Mr Mooney emerged from the house carrying a box. The car driver began gesticulating and making signals and Mr Mooney took the box back into the house. Both he and the driver then left together before Mr Mooney returned on foot.

The jury heard that later that day Cullen arrived in a car at the Galtymore Road house and that Mr Mooney put a package into the boot of her car before he pair drove off together. Gardaí then stopped the car and arrested Cullen and Mr Mooney.

A previous trial last July collapsed with the discharge of the jury after a juror had spoken with a party connected with the trial.