CRIMINALS seen to have abused the Circuit Court appeal system to continue illegal activities while on bail will serve their full prison sentences and possibly more, a new judge has ruled.
Judge Pat McCartan, who took over the appeals hearings three weeks ago, said yesterday that in clearing up a two year backlog he will deal sympathetically with those who have maintained a clean record since their District Court convictions.
"These people have been living under the shadow of a two year suspended sentence while awaiting appeal against severity of sentence," Judge McCartan said.
"If they have succeeded in keeping out of trouble in that time, then it is something the court will take into consideration," he said. "If they have abused the appeals bail system by reoffending, then they will serve their full sentence."
Yesterday Judge McCartan told Mr Vincent Heneghan, counsel for a 24 year old Dublin man appealing against a six month sentence for having possessed £140 worth of heroin, that he would bind his client to keep the peace for two years.
Mr Heneghan said that during the two years his client waited for his appeal he had taken an anti drugs course and was now "clean". He had not reoffended since and had learned his lesson.
Another appellant, who had reoffended three times since being sentenced to a year in November 1995 for driving a car without insurance, was told he would serve his full sentence.
"Knowing there would be a day when you would stand before this court to seek leniency, you nevertheless abused the bail you had been granted and went out and reoffended," Judge McCartan said.
The two cases were representative of how Judge McCartan dealt with 65 appellants before his court yesterday.
From Monday next many appellants who have been granted bail for appeal against severity of sentence will find their cases are being heard within eight weeks of appeal.
Judge McCartan said part of his court list would in future be assigned to new appeals. He warned that in cases where the court considered the District judge had been too lenient, sentences would be appropriately increased.