Driver of van loaded with stolen cigarettes given community service

The driver of a container with stolen cigarettes valued almost €2.5m is to carry out 120 hours community service in lieu of an 18-month prison sentence.

Barry Monaghan, (aged 26), of Clonliffe Road, Ballybough pleaded guilty to unlawful possession of the container and the cigarettes on March 31, 2004 at Togher Business Park, Naas, Co Kildare, knowing them to have been stolen and to using a vehicle without the consent of the owner.

Judge Michael White at Dublin Circuit Criminal Court also directed that Monaghan remain under probation supervision for one year.

Detective Sergeant Mark Kavanagh told Mr Luan O Braonain BL, prosecuting, he was in a special garda unit targeting criminal gangs, including a city centre group based nearby who were involved in stealing containers from the Dublin Docks, armed robbery and other serious crimes.

The container which Monaghan was found driving at Togher Business Park had been removed without authority from the Docks some days earlier. The pre-excise value of the cigarettes was €53,514.94.

Det Sgt Kavanagh said Monaghan admitted he knew the container load of cigarettes had been stolen. He had been asked several times to drive a container by the gang and finally relented when in a difficulty.

Det Sgt Kavanagh agreed with Mr Bernard Condon BL, defending, that Monaghan was vulnerable at the time due to work and other difficulties arising from his drugs habit. "He was a small if essential cog in the wheel of this criminal operation," he said.

Mr Condon told Judge White that his client was the father of three children by two partners. He was also now working again and had not been in trouble since this matter.