Senior judge rejects McDowell sentencing comments

A Supreme Court judge insisted today the judiciary will not be influenced by "strident and repeated public comments" in recent weeks criticising judges for not always imposing the mandatory sentence in drug supply cases.

Tánaiste and Minister for Justice Michael McDowell last week called for a change of attitude among the judiciary to ensure that legislation on bail and serious drug offences is implemented.

Mr McDowell said he was very concerned at the high number of serious drug offences where judges were opting not to impose the mandatory 10-year minimum sentence provided for on the statute book, because defendants were pleading specific and exceptional circumstances.

"In my view, it is only in exceptional and specific cases that the judiciary are mandated to deviate from a 10-year sentence . . . some misinterpretation of that section is taking place at judicial level," the Minister said.

But Mr Justice Adrian Hardiman today stressed the duty of judges is to decide individual cases impartially in accordance with the Constitution and the law and without regard to expressions of opinion, except from the DPP and the sentenced person.

He said the DPP is entitled to seek a review of any sentences which he considers unduly lenient.

Of 23 such reviews lodged by the DPP between 2002 and 2005, 13 were successful and three awaited hearing. Such figures did not indicate a "malfunction" of the sentencing courts, Mr Justice Hardiman added.

The DPP had not sought to review any sentence of more than six years and had applied to review just one six year sentence, the judge added. He also said the system of mandatory sentencing for drugs supply involves "a drastic alteration" of previously employed principles of sentencing.

The right of appeal, whether by an accused or the prosecutor, was "an essential safeguard" against undue leniency or undue severity and was "especially necessary" in dealing with "a revolutionary alteration" of the principles of sentencing.

The judge was presiding at the Court of Criminal Appeal when dismissing the appeal of Andrew Dermody (24), Tullow Road, Carlow, against the severity of a seven year sentence imposed on him for having drugs for supply.

In deciding Dermody's case, the CCA paid "no attention whatever" to the recent comments, the judge stressed.

Dermody had pleaded guilty at Carlow Cricuit Ciminal Court to having cocaine, with an estimated street value of €21,000, for supply in April 2004.