Jailed mother forfeits 'drug-dealing proceeds'

A mother who is serving a ten-year sentence has forfeited €60,000 to the State as the proceeds of drug dealing.

Esther Cullen (aged 49), Drumcairn Gardens, Tallaght, was jailed in October 2005 by Judge Frank O’Donnell after her conviction by a Dublin Circuit Criminal Cour jury of dealing in cannabis resin valued almost €400,000.

Mr Garnet Orange BL, prosecuting, acknowledged receipt of the money which had been the subject of a confiscation order by the State.

Garda Anthony Flanagan told Mr Orange that he believed Cullen had profited from drug dealing to the value of €71,931. He said she was the sole owner of the family home in Drumcairn Gardens and had purchased another property in Middleton Valley, Ardamine, Co. Wexford.

Garda Flanagan rejected a suggestion by defence counsel, Mr Seán Ó Síothcháin BL, that Cullen received payments of €50 a week each from three of her children as well as payments from her husband, Mr Paul Cullen. He said he did not accept she had rental income from letting out the family home.

Cullen was caught in the course of a “controlled delivery” of the drugs organised by Customs and Excise officials and the gardai and was found guilty in April 2005 of having the cannabis for sale or supply at a house on Galtymore Road, Drimnagh on April 23, 2003.

Judge O’Donnell told her when imposing sentence he couldn’t justify a lesser sentence than 10 years for “an operation designed to exploit the weakness of those addicted to drugs for your own gain.”

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 Mr Mooney 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 said that neither the jury nor himself accepted her explanation that she had the drugs in her possession to bring them to the gardaí.

Judge O’Donnell said that while he was unhappy to impose a sentence on a woman of her age who had children and a husband in ill health, he had witnessed mothers like her standing at the back of the court straining their ears to hear the sentence that would be imposed on their drug addict sons.

The case began when Customs officers at Dublin Airport found 124 bars of cannabis resin with a market value of €400,000 in a package which had arrived from Spain for delivery by courier.

A decision was made to carry out a “controlled delivery” by a garda dressed as a courier. The package was taken to the address on Galtymore Road where the garda spoke with Mr Mooney who agreed to sign for it even though it was not addressed to him.

Gardaí observed a car arriving at the premises and Mr Mooney emerged carrying a box. The driver began gesticulating and making signals to Mr Mooney who took the box back into the house.

Later that day Cullen arrived in a car and Mooney put a package into the boot before the pair drove off together. Gardaí stopped the car and arrested both of them.

A previous trial in July 2004 collapsed after a juror admitted he had spoken with a party connected with the trial.