Dundalk courthouse
A 40 year old orthodontic technician arrested on suspicion of drug dealing has had to stand down from his role in the community due to 'publication of these matters', his solicitor told Dundalk District Court last week.
Mark Curley with an address at Greenacres, Dundalk was prosecuted for having cannabis for sale or supply, and unlawful possession of the drug, at his home and on the Inner Relief Road on September 11th 2020.
When the case was originally heard in March, a detective garda told the court he was on mobile patrol on the N52/Inner Relief road where a garda checkpoint was in operation.
He said there were two lanes of traffic and as he approached the checkpoint, a Mercedes E-class pulled up alongside him.
The driver appeared to be shuffling about and when he got out to speak to him the garda said he immediately got a strong smell of cannabis from the car.
The garda said the defendant was nervous "his hand was visibly shaking" and when he was asked if there was anything in the car he shouldn't have, he told the garda there was cannabis herb in the glove compartment, where 65 grams of the drug was found.
Mr. Curley was arrested on suspicion of having drugs for sale or supply and three separate warrants were obtained to search separate properties including his home address.
There gardai recovered more cannabis along with digital weighing scales and what the witness called empty deal bags.
The drugs recovered had an estimated street value of €2,430.
The court heard he had five previous convictions, including having drugs for sale or supply in 2014 for which he was sentenced to 100 hours community service.
The defence solicitor said his client runs his own business as an orthodontic technician and employs a number of people.
He is involved with local sport and the solicitor added his client attended the Turas counselling service to rid himself of his addiction to cannabis, and the matter before the court had caused him to radically change his lifestyle.
The Garda told Judge Eirinn McKiernan that it's his belief that Mr. Curley was supplying drugs and while the witness admitted there was no other evidence before the court, he said in the context of the explanation the defendant gave, it was a large amount of cannabis to just be supplying to one other person.
The Defence solicitor argued that there wasn't any evidence to contradict the explanation his client gave and he said he had travelled to Dublin and bought a large amount to save him a number of trips there.
He urged the court to consider a penalty other than a custodial sentence as he said Mr. Curley had done everything to turn his life around and is heavily involved in the community.
Judge Eirinn McKiernan said she was not happy with the defendant's previous convictions and put back the case for a Probation report and so his suitability to perform community service to be assessed.
Last Wednesday, the solicitor said the case had "set him back" and added that the coverage had forced him to stand down from his role in the community.
However, he stressed that his client is 'clean and free of drugs' and he had engaged with the Probation Service.
Judge McKiernan said she had to take into account Mr. Curley's previous convictions saying "these offences are very serious".
She added he previously had the opportunity to do community service "He should have learned his lesson and he didn't" and said she did not accept the explanation given.
A four month sentence was imposed for having drugs for sale or supply but at the request of the Defence Judge McKiernan fixed recognizance on Mr. Curley's own bond of €300 with an independent surety of €1,000 cash to be lodged.
The other charge was taken into consideration.
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