Obese illegal tobacco dealer not fit for jail, court hears

Lawyer says prison sentence would be ‘disastrous’ for health of Sean Barclay (43)

A judge was asked not to jail a morbidly obese illegal tobacco dealer because of his health problems.

Sean Barclay (43), who weighs 240 kg (38 stone), was due to appear before Letterkenny District Court in Co Donegal charged with possession of illegal cigarettes.

However, Mr Barclay could not appear in court because a big enough wheelchair could not be found in time for his court appearance, according to his solicitor.

Revenue officers raided the home of Mr Barclay on March 6th, 2013 and found two boxes of cigarettes and tobacco with no Irish tax stamp on them.

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Mr Barclay, of Errigal Road, Letterkenny, Co Donegal, admitted he had bought the cigarettes from a friend in Derry and knew they were illegal.

The court heard how Mr Barclay, a former butcher, had admitted to earning €1,410 from selling the cigarettes.

Mr Barclay's solicitor, Patsy Gallagher, said his client accepted what he was doing was wrong but that it was merely a means of making some cash.

‘Disastrous consequences’

Mr Gallagher said a jail sentence would have disastrous consequences for Mr Barclay.

“[Mr Barclay’s] health is dire and I am asking the court not to impose a custodial sentence because it will have a devastating effect on him and his health.

“His health has got worse and his family are very concerned for him. His house was repossessed and he is currently awaiting to be rehoused,” said Mr Gallagher.

Mr Gallagher said Mr Barclay was now house-bound and had a carer.

The court heard that the accused has one previous conviction, also for possession of illegal tobacco, for which he received a two month suspended jail sentence.

The court heard the cigarettes and loose tobacco seized at Mr Barclay’s house had a value of more than €6,800 to the State.

The Revenue Commissioner’s office had also issued Mr Barclay with a writ for €16,000.

Judge Paul Kelly said he was imposing a mandatory fine of €2,500 on Mr Barclay because it was his second offence.