A “major player” in the drugs trade has been jailed for twenty years for possession of heroin worth over €1 million while his “lackey” has been given a six year sentence.
Dublin Circuit Criminal Court heard Anthony O’Leary (35) “manipulated” Bernard Kelly (56), a friend of his partner, into holding drugs for him in return for €500.
Four months after he was arrested for the first offence, O’Leary was arrested with heroin worth €200,000. He was on bail at the time.
O’Leary, of Wheatfield Court, pleaded guilty to possession of heroin at his home on December 12th, 2008 and at Westbourne Green on August 5th, 2008, both in Clondalkin.
Kelly, of Oliver Bond House, Dublin 8, pleaded guilty to possession of the drugs at Westbourne Green.
Judge Katherine Delahunt said O’Leary was a well-known drug dealer who was “well up the ladder”. She sentenced him to ten years on each count to run consecutively but allowed him to come back to court after 15 years to review the rest of the term.
She said Kelly’s involvement “bears no relation” to O’Leary’s and noted that he had been very helpful to gardaí and had no previous convictions. She sentenced him to six years with the last three suspended.
Garda Andrew Lyons told that a search team went to O’Leary’s house after receiving a tip-off about drugs there. As they entered they stopped Kelly as he was leaving with a hold-all bag containing 4.5 kilogrammes of heroin.
Gardai continued the search and found O’Leary in the kitchen bagging up half a kilogramme of heroin. They found a total of 4.955 kgs of heroin worth €991,076.
They also found a box sealed with tape, containing €7,910 in notes and a further €2,370 on O’Leary himself.
A follow-up search of Kelly’s then home at Neilstown Drive, Clondalkin revealed several more cash bundles wrapped in the same tape.
A total of €40,275 was found in the two houses which Gda Lyons said he believed was the proceeds of drug dealing.
Kelly told gardaí that O’Leary has pressured him into holding onto the drugs and he was to be paid €500 in return. He said the cash bundles also belonged to O’Leary and he had held onto sums of money for him on several previous occasions.
O’Leary admitted forcing Kelly to take the drugs and money. He took full responsibility for the heroin but claimed he was holding the money for someone else.
Both men were released on bail and four months later gardaí received another tip-off about a heroin consignment. They searched a house in Clondalkin and found O’Leary with a kilogram of heroin worth €207,000 and drug dealing equipment.
He told gardai he had bought the heroin for €20,000 and was going to sell it for €36,000.
Gda Lyons said O’Leary had 46 previous convictions including several for drug dealing. He said Kelly had no previous convictions and was unknown to gardaí.
Gda Lyons agreed with Michael Bowman BL, defending Kelly, that he was very honest in interview and had little idea of the amount of drugs he was dealing with.
Mr Bowman described his client as a “vulnerable lackey” who was manipulated by others. He said O’Leary’s partner held “quite a spell” over his client which O’Leary took advantage of.
Paul Burns SC, defending O’Leary, said his client had been abusing drugs since a young age and had been in a debilitating car accident several years before.