A MAN caught with £100,000 worth of heroin in 1994 has had the balance of his sentence suspended by Dublin Circuit Criminal Court.
Justin McHugh, a nephew of the jailed drug dealer Tony Felloni, lived also at Lower Dominick Street, Dublin, at the time of the offence.
McHugh (25), single, and from Rathglen, Styles, Co Antrim, was caught on August 12th, 1994, removing a package with 56 per cent pure heroin from a jar buried in a wooded area in Finglas.
He pleaded guilty later to possession of 208g of heroin for sale or supply. Mr Justice Moriarty jailed him in February 1995 for 4 1/2 years and suspended the final, 18 months with a direction that the case be reviewed at this time.
Mr Erwan Mill Arden SC (with Mr Patrick Marrinan), defending, told Judge Cyril Kelly at the review that his client had done so well in the educational unit at Mountjoy that he was made part, of the staff. He was a man of ability and talent, counsel added.
Judge Kelly said he was suspending the balance of the sentence in accordance with the directions made by Mr Justice Moriarty at the sentence hearing.
McHugh is to remain out of Dublin for the next five years, to live in and to contact the Northern Ireland probation service and to abide, by its supervision.
Judge Kelly also ordered McHugh to enter into a bond to honour these conditions. "That will keep his cough quiet," he added.
At the original hearing of the case, Supt Malachy Mulligan told Mr Tom O'Connell, prosecuting, that the Garda Drugs Squad became aware from confidential information of activity in a wooded area in Finglas.
McHugh was seen going in there regularly, remaining about 20 minutes and leaving on a motorcycle. A search revealed the jar hidden in the ground. It was placed under constant surveillance for several days.
Supt Mulligan said McHugh came to it at about 10 am. on August 12th, 1994 and was seen taking a package from it. He then reburied the jar. Gardai arrested him as he attempted to leave. There were another 14 packs in the jar.
Supt Mulligan agreed at that hearing with Mr Mill Arden that while £100,000 would be a "realistic street value", McHugh was not the "dominant person" involved and would not have got that much.
At the sentence hearing, Mr Mill Arden said McHugh had a difficult background and was associated with people who had led him to evil.
"My client has passed very close to the flame and got burned". He had abused ecstasy previously but not heroin. Since going into custody he was aghast at what heroin did to people.
Mr Justice Moriarty noted the probation reports were favourable. He said that while McHugh, had "a dysfunctional upbringing not everyone in his situation took to selling drugs.