‘Cleaned up’ cocaine user is spared jail

‘Cleaned up’ cocaine user is spared jail

20 April 2016

A JUDGE has taken the “exceptional” step of sparing jail for a man found with £1,500 worth of cocaine while under the influence of a Downpatrick drug gang.

Hugh Murphy (28) admitted three drugs related charges when he appeared at Downpatrick Crown Court on Thursday but impressed Judge Piers Grant QC with a dramatic change in lifestyle.

The court heard that Murphy, of St Michael’s Park, Ardglass, had a 300g lump of cocaine hidden in his girlfriend’s home when police conducted a search on March 7, 2014. 

A small amount of herbal cannabis and cannabis resin was also found.

Murphy told police he had been keeping the cocaine for others who he owed money to and said the cannabis was for his own personal use.

The court heard he had a previous drugs possession charge and had an addiction to cannabis.

Prosecuting lawyer Sam Magee told the court the Crown did not dispute the defendant’s case that he was holding the cocaine for a third party.

Defence lawyer Eugene Grant QC said Murphy had had a difficult and troubling childhood and had started using drugs at the age of 11. He said that when he was caught in 2014 he had “got in debt to this group of people in Downpatrick”.

Mr Grant said his client had attended a drugs rehabilitation course and was now a hardworking father and highly thought of member of staff at the Finnebrogue food processing plant, where he had been promoted to the role of supervisor.

“He has totally cleaned up and changed that whole lifestyle,” said Mr Grant.

An operations manager at Finnebrogue, who gave a character reference in the witness box at Thursday’s hearing, also spoke of his “full trust” in Murphy.

He said they ran a “very tight ship” and that it could be difficult securing staff of such calibre locally.

“From my point of view he is a model employee,” said the manager.

He said the potential of negative publicity for the company in being associated with the case had been raised by a member of staff but that he and his uncle, owner Denis Lynn, were determined to speak on behalf of Murphy.

Judge Grant responded by pointing out there was an “almost inevitable custodial sentence” attached to Murphy’s offending.

The manager replied that if he was jailed for a period they intended to make a job available for him afterwards.

After adjourning to consider the law surrounding the sentencing, the judge returned later that day to say he was sparing Murphy jail due to the “exceptional efforts” he had made.

“The normal course of events would be a significant custodial sentence,” he said. “I am satisfied you have made significant changes.

“With considerable hesitation I am going to take an unusual course and impose a community service order.

“This is an exceptional order. If you breach at all this order there will be no second chances. Consider yourself extremely lucky in the circumstances.”

Judge Grant said he was not excusing the seriousness of the offending and pointed out that Murphy should “well understand the effects and damage caused by drugs”.

But he also noted that a pre-sentence report put Murphy, who had passed a drugs test, at a low risk of reoffending and assessed he had been glad in retrospect to have been caught.

“It is clear you came under the influence of an organised crime gang in Downpatrick for some time,” the judge said.

“It is quite clear you had a long-standing addiction to drugs. You have a troubled and difficult background.”

A community service order totalling 240 hours, the maximum period allowed, was imposed.