A DUBLIN man diagnosed as HIV positive was given a six year suspended sentence for having ecstasy for supply.
Garda Danny Rice, of Store Street Drug Unit, stopped and searched John Kearns (35) shortly after he got 100 tablets from a dealer at McDonald's in Donaghmede on January 12th, 1996.
Kearns said he paid £350 to the dealer and was due to pay a further £350 when he sold the 100 tablets at £10 each, Dublin Circuit Criminal Court was told.
Garda Rice said that, when arrested, Kearns admitted he had made a mistake becoming involved in selling drugs. He had recently started abusing heroin and wanted the money to support his growing habit and his family.
Garda Rice agreed with Mr Anthony Sammon SC, defending, that Keams's health was deteriorating and he had recently been diagnosed as being HIV positive.
Kearns had 18 previous convictions. These included a two year sentence in 1985 for burglary.
Mr Sammon said Kearns had fallen victim to the "dreaded virus" at a late age. He noted that a senior probation officer, Mr Gerry McNally, was prepared to take Kearns under his supervision.
Judge Kieran O'Connor said that a drug abuser who sold drugs made a lethal combination. He usually jailed such offenders for long periods. Kearns had been in jail before but did not seem to have learned anything.
"Your candour with Garda Rice greatly impresses me. But if you don't totally obey the probation service you will serve the six years," Judge O'Connor said.